The Sands Port Douglas [2007] QBCCMCmr 81 (15 February 2007)

Last Updated: 27 February 2007

REFERENCE: 0075-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31278
Name of Scheme:	The Sands Port Douglas
Address of Scheme:	Barrier Street PORT DOUGLAS QLD 4877

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

the body corporate for The Sands Port Douglas

I hereby authorise the committee of the body corporate for The Sands Port Douglas to spend up to $9,900 for removal of one specimen of Melaleuca leucadendra located on the walkway between lot 1 SP155111 and Lot 2 SP155111.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0075-2007

"The Sands Port Douglas" CTS 31278

Application

The Sands Port Douglas Community Titles Scheme (The Sands) is a 26 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 The Sands seeking authorisation for emergency expenditure.

Submissions

Submissions by the committee on behalf of the body corporate were to the effect that the body corporate has had an independent report carried out by a tree specialist to state that the Melaleuca leucadendra tree is dangerous and requires removal. It is submitted that this tree should be removed as soon as possible and orders are sought to permit the committee to spend above the relevant limit for committee spending. Two quotations are attached and it is stated that payment for the tree removal will be made from the sinking fund.

All owners have been given a short period to provide any objections to the proposed orders sought. No objections have been received.

Decision

Applicable law

The legislation includes provisions that limit committee spending on a project but allows an adjudicator to authorise additional spending if satisfied that the spending is required to meet an emergency (Standard Module, 103).

Removal of tree

I understand that the committee spending limit at The Sands is $3,250. The committee has provided two quotations for removal of the tree in question. The first quotation for removal of the tree is $9,570. The second quotation is for $9,900.

I have been provided with a copy of a report from Port Douglas Professional Tree Services indicating that the tree is affected by bracket fungus, the live crown ratio is 35%, and the structural integrity of the branch/stem has been severely compromised. The committee have also provided a permit to remove the tree issued by the Douglas Shire Council.

In the circumstances, it is appropriate to authorise emergency spending for removal of the tree as I am satisfied that the tree poses a risk of injury or damage to persons or property. I note that both quotations obtained by the committee are roughly comparable. Therefore, I will authorise emergency expenditure of up to the amount of the higher quotation to allow the committee to choose their preferred contractor based on availability or other considerations.

Order

For these reasons, I make the order above.