- Published on Wednesday, 01 August 2012 10:29
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A Body Corporate and Community Management Commission adjudicator has handed down a decision in favour of Staymint in the Carmel by the Sea dispute.
Staymint, whose contract expires on 17 October 17, is allowed to use its premises for letting purposes after the body corporate sought to prevent Staymint using its office premises for non-residential purposes after the expiry of its contract.
The body corporate's right to engage company Dabro as caretaking and letting agent from 17 October was confirmed.
The adjudicator also the found that the body corporate could not spend $70,000 to upgrade the reception area to support Dabro in conducting its business as it was in breach of body corporate rules that required at least two quotes for outlays above $50,000.
The adjudicator dismissed the Staymint challenge that the appointment of Dabro, which is charging little or no fee for caretaking duties, conferred a financial benefit on the body corporate, contrary to law.
"I am not satisfied that the decision to enter into the agreement was otherwise unreasonable," the adjudicator said.