20181085-ASC11 - North Point Brisbane [2012] QBCCMCmr 355

5KIPGFD[#WUV.++

         ADJUDICATOR’S ORDER
         Office of the Commissioner
         for Body Corporate and Community Management


         CITATION:                    North Point Brisbane [2020] QBCCMCmr 355
         PARTIES:                     Ballada Pty Ltd (represented by Graham Kildey), Owner of Lot 18 and 19,
                                      and Andrew Abaza, Owner of Lot 47 (applicants)
                                      Body Corporate for North Point Brisbane,
                                      and Queensland Police Credit Union Limited (QPCU), Owner of
                                      Lots 1-12, 29, 34, 36, 51-68, 73-74 (respondents)
         SCHEME:                      North Point Brisbane CTS 7575
         JURISDICTION:                Body Corporate and Community Management Act 1997 (Qld) (Act),
                                      ss 227(1)(a) and (b), 229(3)(a)
                                      Body Corporate and Community Management (Commercial Module)
                                      Regulation 2008 (Commercial Module)
         APPLICATION NO:              0732-2011
         DECISION DATE:               7 August 2012
         DECISION OF:                 ID Rosemann, Adjudicator
         CATCHWORDS:                  GENERAL MEETING PROCEDURES – whether a vote was validly
                                      excluded – whether notice of a general meeting was valid – whether
                                      general meeting resolutions were valid - MAINTENANCE – whether a lot
                                      owner is responsible for the cost of an air-conditioning upgrade -
                                      COMMON PROPERTY – whether a lot owner is required to account to
                                      the body corporate for rent received from leasing its exclusive use areas
                                      – whether a lot owner is required to pay rent and meet other obligations in
                                      regard to an improvement made to common property.
                                      Act, ss 11, 20, 35, 171, 177, 270; Commercial Module, ss 53, 115, 116,
                                      117 120, 123, 126, 129

         ORDERS MADE:
         I hereby order that the application seeking the following orders:
                    With regard to the Body Corporate for North Point CTS 7575
                    - All purported resolutions made 12 July 2011 be set aside
                    - The purported Notice of EGM of 21 June 2-11 be set aside
                    With regard to the Queensland Police Credit Union, QPCU.
                    - That the QPCU pay all the costs of new air-conditioning installed for its premises at
                       Ground Floor and Level 1 at North Point.
                    - That the QPCU forthwith account to the Body Corporate for all moneys received by it in
                       respect of car parks let out by it on common property on the upper level Car Park under
                       an exclusive use basis procured in its favour.
                    - That the QPCU forthwith account to the Body Corporate for rental and compensation
                       for the ATM it has installed in the ground floor lobby in the amount of $12,580pa in the
                       first year increasing by 4%pa every year thereafter.
                    - That QPCU be required to execute a lease and be responsible for all electricity used as
                       well as proper maintenance and appearance of the ATM enclosure as well as all
                       reinstatement costs incurred if and when the ATM is removed.
         is dismissed.



         I HEREBY CERTIFY this is a true copy of the order and reasons for decision.

         Dated this            day of                   2012.      ______________________________

4GVTKGXGFHTQO#WUV.++QP/CTEJCV                     ID Rosemann, Adjudicator             8GTKH[XGTUKQP


[OCR of page images]
Signed by AustLll

ADJUDICATOR’S ORDER

Office of the Commissioner
for Body Corporate and Community Management

CITATION: North Point Brisbane [2020] QBCCMCmr 355

PARTIES: Ballada Pty Ltd (represented by Graham Kildey), Owner of Lot 18 and 19,
and Andrew Abaza, Owner of Lot 47 (applicants)
Body Corporate for North Point Brisbane,
and Queensland Police Credit Union Limited (QPCU), Owner of
Lots 1-12, 29, 34, 36, 51-68, 73-74 (respondents)

SCHEME: North Point Brisbane CTS 7575

JURISDICTION: Body Corporate and Community Management Act 1997 (Qld) (Act),
$s 227(1)(a) and (b), 229(3)(a)

Body Corporate and Community Management (Commercial Module)
Regulation 2008 (Commercial Module)

APPLICATION NO: 0732-2011

DECISION DATE: 7 August 2012
DECISION OF: ID Rosemann, Adjudicator
CATCHWORDS: GENERAL MEETING PROCEDURES - whether a vote was validly

excluded — whether notice of a general meeting was valid — whether
general meeting resolutions were valid - MAINTENANCE — whether a lot
owner is responsible for the cost of an air-conditioning upgrade -
COMMON PROPERTY - whether a lot owner is required to account to
the body corporate for rent received from leasing its exclusive use areas
— whether a lot owner is required to pay rent and meet other obligations in
regard to an improvement made to common property.

Act, ss 11, 20, 35, 171, 177, 270; Commercial Module, ss 53, 115, 116,
117 120, 123, 126, 129

ORDERS MADE:
| hereby order that the application seeking the following orders:

With regard to the Body Corporate for North Point CTS 7575

- All purported resolutions made 12 July 2011 be set aside

- The purported Notice of EGM of 21 June 2-11 be set aside

With regard to the Queensland Police Credit Union, QPCU.

That the QPCU pay all the costs of new air-conditioning installed for its premises at
Ground Floor and Level 1 at North Point.

- That the QPCU forthwith account to the Body Corporate for all moneys received by it in
respect of car parks let out by it on common property on the upper level Car Park under
an exclusive use basis procured in its favour.

- That the QPCU forthwith account to the Body Corporate for rental and compensation
for the ATM it has installed in the ground floor lobby in the amount of $12,580pa in the
first year increasing by 4%pa every year thereafter.

- That QPCU be required to execute a lease and be responsible for all electricity used as
well as proper maintenance and appearance of the ATM enclosure as well as all
reinstatement costs incurred if and when the ATM is removed.

is dismissed.

| HEREBY CERTIFY this is a true copy of the order and reasons for decision.

Dated this day of 2012.

 

ID Rosemann, Adjudicator

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