Jasmin Court [2007] QBCCMCmr 618 (2 November 2007)

Last Updated: 13 November 2007

REFERENCE: 0871-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12571
Name of Scheme:	Jasmin Court
Address of Scheme:	17 Childs Street CLAYFIELD QLD 4011

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

James Dowdeswell, an Owner(s) of lot 2

I hereby authorise the body corporate for Jasmin Court to expend up to $1,787.17 to carry out urgent work to improve the safety of the electrical switchboard for the scheme.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0871-2007

"Jasmin Court" CTS 12571

Application

Jasmin Court Community Titles Scheme (Jasmin Court) is a 6 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

This is an application by James Dowdeswell, an owner of lot 2 (applicant) for authorisation for the body corporate to complete emergency repairs to the electrical switchboard at an estimated cost of $1,624.70. The application has been referred to me for immediate consideration under section 243A of the Act.

Decision

The applicant says that emergency authorisation to repair the switchboard is necessary to avoid the risk of fire or injury. It is submitted that an electrician who has completed satisfactory work for the body corporate in the past has provided a quotation to remedy the situation. The quotation attached states that for safety reasons it is recommended that urgent repairs be carried out to avoid further loss of supply. The estimated cost of the work is $1,624.70.

I accept submissions from the applicant to the effect that all six lot owners have been informed of the issue and that five owners have provided written or verbal approval as at the present date. I am further satisfied from the material that the electrical switchboard is common property utility infrastructure that the body corporate is required to maintain (Act 20, Standard Module 109).

The amount estimated to fix the electrical switchboard is above the committee spending limit so it would normally be necessary for the body corporate to hold a general meeting at which owners can vote on whether or not to have the work done. However, the committee can carry out spending above this limit without authorisation of general meeting if the spending is required to meet an emergency and authorised by an adjudicator under the dispute resolution provisions (Standard Module, 103(1)(c)).

In the circumstances of this application I am satisfied that it is appropriate to make an order authorising emergency expenditure to carry out repairs to the electrical switchboard. I am prepared to authorise expenditure of an amount up to 10% higher than the estimate provided. If the actual amount required exceeds this amount then it will be necessary for owners to authorise that additional amount in general meeting or seek a further order to authorise the additional expenditure. Presumably the body corporate has funds available to pay for the work. If not, it will be necessary for owners to raise a special levy or make other suitable arrangements to raise the funds.

Order

For these reasons, I consider it is appropriate to authorise emergency expenditure as above.