Body Corporate slammed for cutting a tenant’s power and demanding a $3000 bond after their “sons” drove inappropiately on common property. Picture: Sunshine Coast Daily
A body corporate has been slammed for cutting a tenant’s electricity supply and demanding a $3000 bond because their “sons” drove inappropriately on common property.
Experts have labelled the body corporate’s actions “absurd” and a Body Corporate and Community Management (BCCM) adjudicator says there is “no legal basis” for the decision, cutting off electricity supply is “reprehensible” and has ordered the power be restored.
The dispute reached the BCCM after the body corporate for Pinnacle village at Battle Creek, Mt Garnett, in north Queensland, cut the electricity supply of a longstanding tenant.
The punishment was handed out because of how the tenant’s “sons” drove on common property, according to the BCCM decision on January 25.
Pinnacle apartments are located at Mount Garnett, 100km southwest of Cairns. Picture: Google Maps
The treasurer, chairperson and secretary of the 50 lot complex signed a disconnection notice on August 11 and cut supply the next day.
They also demanded a $3000 surety that would be forfeited if the sons drove in the same manner again with no reconnection, the documents state.
In responding to the electricity being cut, the tenant’s advocate advised that “their sons” had been asked to leave.
The committee defended its actions to the BCCM, claiming the tenant was responsible for ‘household members’, had disregarded bylaws, the electricity account was 29 days overdue, residents had complained to police and, after 14 years, the resident knew the terms of electricity supply.
The reasons were rejected by the watchdog’s adjudicator.
“A body corporate does not have a power to impose a charge, bond, or surety on an owner or occupier for compliance with the bylaws,” the adjudicator wrote in their decision.
“If a bylaw (other than an exclusive use bylaw) contained any such obligation, (that) would be invalid. The body corporate simply did not have the legal power to require the $3,000 surety.
“Even if the body corporate had the power to disconnect … which it clearly did not … disconnecting essential services with such short notice would be reprehensible in any context.”
Unit Owners Association of Qld executive Ross Anderson said the decision to cut power and ask for a $3000 bond was “absurd”. Picture: Supplied
The daring punishment was the most brazen ever, said Unit Owners Association (Qld) executive Ross Anderson.
“It’s an absurd act and cutting off the power is punitive and not the role of a body corporate,” Mr Anderson said.
Body corporates seeking to punish tenants was not new but it was also not allowed, said the former head of the BCCM, Chris Irons.
He said his former office was asked frequently about how bylaws could be enforced.
“I have many times, been asked by people whether someone offending bylaws is grounds for them to be not on the committee or some other kind of punishment and the answer is a resounding ‘no’,” he said.
“Disputes this crazy should not wasting the time of the watchdog.
Former Commissioner for Body Corporate and Community management Chris Irons, who now runs Strata Solve, said no body corporate can mete out punishment. Picture: John Gass
The adjudicator not only found in favour of the tenant but unleashed on the body corporate which took a week to restore power following an interim order to reconnect supply in late August.
“I am satisfied the body corporate had no power to disconnect the electricity supply … because of an alleged breach of bylaws (or any other ‘rules’) by the applicant or his invitees, or to impose a bond or other conditions before the electricity supply was reconnected,” they wrote.
“I am very concerned from the material submitted that the Pinnacle committee lacks a basic understanding of the responsibility and powers of a body corporate and its committee under the legislation.
“I encourage the committee members to inform themselves as to their role and obligations.”
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