Freshwater Terrace

COURT OR TRIBUNAL

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

DATE FILED (OR FIRST HEARING DATE)

22/03/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

Applicants sought an order to compel the body corporate to erect a suitable barrier to prevent flood water entering the lots nearest the southern end of the creek. Included in the matter were complaints that the Body Corporate had incorrectly rejected a proposal and quote for the building of the barrier. The Tribunal held that whilst the Body Corporate was not completed to have such work carried out, it should do what is reasonable to establish whether the work should be carried out. Where the Body Corporate unnecessarily delays consideration, a dispute may arise.

CASE DOCUMENTS

Freshwater Terrace [2010] QBCCMCmr 136