Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 9
Division 3
Section 281

Order to repair damage or reimburse amount paid for carrying out repairs | Section 281

(1)If the adjudicator is satisfied that the applicant has suffered damage to property because of a contravention of this Act or the community management statement, the adjudicator may order the person who the adjudicator believes, on reasonable grounds, to be responsible for the contravention—

(a)to carry out stated repairs, or have stated repairs carried out, to the damaged property; or

(b)to pay the applicant an amount fixed by the adjudicator as reimbursement for repairs carried out to the property by the applicant.

Example—

A waterproofing membrane in the roof of a building in the scheme leaks and there is damage to wallpaper and carpets in a lot included in the scheme. The membrane is part of the common property and the leak results from a failure on the part of the body corporate to maintain it in good order and condition. The adjudicator could order the body corporate to have the damage repaired or to pay an appropriate amount as reimbursement for amounts incurred by the owner in repairing the property.

(2)The order can not be made if—

(a)for an order under subsection (1)(a)—the cost of carrying out the repairs is more than $75,000; or

(b)for an order made under subsection (1)(b)—the amount fixed by the adjudicator would be more than $10,000.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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