Rampage [2007] QBCCMCmr 306 (22 May 2007)

Last Updated: 29 June 2007

REFERENCE: 0144-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30273
Name of Scheme:	Rampage
Address of Scheme:	Raggamuffin Drive Coomera Waters Qld 4209

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

the body corporate

I hereby order that, within one month, Australia Wide Property Investments Pty Ltd, owner of lot 136 (respondent) must remove from the roof of lot 136 the antenna that is the subject of this application. I further order that, if the antenna has not been removed within one month, that the body corporate may authorise a person to enter lot 136 and remove the antenna. This is provided that the body corporate gives at least seven days’ written notice of entry to the occupiers of the lot specifying the date and approximate time of entry and identifying all authorised persons by means of their name or a trade name under which they operate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0144-2007

"Rampage" CTS 30273

Application

Rampage Community Titles Scheme (Rampage) is an 82 lot scheme under the Body Corporate and Community Management Act 1997 (Act) and the Act’s Standard Module Regulation (Standard Module).

This application is by the body corporate for Rampage (applicant) seeking orders against Australia Wide Property Investments Pty Ltd ACN 102 900 096, owner of lot 136 (respondent). The body corporate is seeking to require the respondent to remove an antenna installed on the lot allegedly in contravention of the by-laws.

Decision

The body corporate has a duty to enforce the by-laws (Act, 94(1)). Rights of individuals are protected to the extent that the body corporate is required to act reasonably in enforcing the by-laws and carrying out its functions (Act, 94(2)). By-laws are invalid to the extent of any inconsistency with the legislation (Act, 180).

The body corporate says that by-law 14 provides that an owner or occupier must not erect, construct or place or permit to remain on any lot or common property, any television, radio or other electronic antenna or device of any type unless and until the same has been approved in writing by the committee or unless the same is contained within a lot and not visible from the exterior of such lot. Submissions are made to the effect that the respondent has allowed an antenna to be erected that is visible from outside the lot and not approved by the committee.

The respondent has not opposed the application.

In the circumstances, I am satisfied that the respondent has contravened the by-laws and it is just and equitable in the circumstances to order that the respondent remove the antenna within one month. I further consider it appropriate to authorise the body corporate to remove the antenna if the respondent fails to comply with the order. If this becomes necessary and it is necessary for someone to enter the respondent’s lot then the body corporate should ensure that it meets certain requirements consistent with the body corporate’s power to enter the lot under section 163 of the Act. I will therefore order that the body corporate must give the respondent notice of any proposed entry that reasonably identifies the authorised person and approximate time of entry.

Order

For these reasons, I make the order above.