$100,000 dispute - owner says no need to buy unit
OWNERS of Urimbirra Retirement Village in Hervey Bay have been ordered to pay an angry former resident more than $100,000.
It is the latest development in a long-running dispute between Milstern Retirement Services Pty Ltd and various parties who have owned, or still own, apartments in the complex on Boat Harbour Dr.
The Queensland Civil and Administrative Tribunal has ordered Milstern to pay Judith Taylor $102,329.50, plus legal costs.
Milstern has confirmed it will appeal the ruling.
The QCAT decision stated that Milstern owed Ms Taylor fair market value, less fees and charges, for her rights to the apartment she lived in at the time of the termination of agreement between the parties.
The QCAT decision held that the fair market value was $121,500.
Once associated costs such as the management fee and repairs were deducted, $102,329.50 was owing, plus Ms Taylor's legal costs incurred by taking the matter to the tribunal.
Millie Phillips, director of Milstern, denied the company owed Ms Taylor any amount.
"There is no legal or other reason for Milstern to be forced to purchase Ms Taylor's unit or anyone else's unit," Ms Phillips said.
She said this was due to Urimbirra residents holding 99-year leases on the properties, giving them the right to give them to estate agents or sell at auction.
She said claims Milstern was obliged to purchase the units were false, based on people lumping the 99-year leases at Urimbirra in with entirely separate leases called "right to reside".
"Milstern has no rights to Urimbirra units, cannot sell or transfer them... Milstern has no more right to Ms Taylor's unit than to the house or unit you own," she said.
Despite these objections, the QCAT ruling in September stated Milstern was required to purchase Ms Taylor's property, under section 8.2 of the lease between the parties.
Ms Phillips said complaints against Urimbirra came from people who no longer live in the village.