Beltanson [2000] QBCCMCmr 1 (4 January 2000)

C G YOUNGREFERENCE: 0658-1999

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19215
Name of Scheme:	Beltanson
Address of Scheme:	51 Zahel Street CARINA QLD 4152

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

Glenda AGNOLA and Salve AGNOLA, co-owners of Lots 1 and 2,

C G YOUNGI hereby order that –

(1)	Salve AGNOLA of c/- O’Reilly & Lillicrap Solicitors, 848 Old Cleveland Road, Carina Qld 4152 is appointed Administrator to call, hold and chair an annual general meeting (“the meeting”) of “Beltanson” within three (3) months of the date of this order for the purpose of -

• the consideration of motions included on the agenda of the meeting; and

• deciding committee executive member positions.

(2)	The Administrator shall hold appointment for the period beginning from the date of this order until the close of the meeting ordered to be held.

I further order that within fourteen (14) days of the date of this order the administrator must give a copy of this order to each person whose name appears on the roll as the owner of a lot in the scheme.
I further order that –

(1)	For the purpose of calling, holding and chairing the meeting, the Administrator shall have all the powers of the chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers -

• to further delegate any of those powers to another person; or

• to incur any expenditure apart from that necessary for the calling and holding of the meeting, except in regard to expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

(2)	Executive members of the committee shall be chosen in accordance with section 11(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997.

(3)	The Administrator must give at least two (2) weeks written notice inviting owners to submit motions for inclusion on the agenda of the meeting.
(4)	The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act, particularly sections 42 and 45 of the Standard Module, and all other provisions relating to meetings under Part 4 of the Standard Module.
(5)	The Administrator must not give the notice of meeting to owners earlier than twenty-one (21) days from the date of this order.

I further order that, for the purpose of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.2y2y1n2y

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0658-1999

“Beltanson” CTS 19215

The applicants, Glenda and Salve Agnola of Lots 1 and 2, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

That the Commissioner order Glenda and Salve Agnola to convene an AGM of the Body Corporate.

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act or the community management statement. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)).

Specifically, without limiting the power of an adjudicator to make an order under section 223(1), an adjudicator may order the body corporate to call a general meeting of its members to deal with stated business or to change the date of an annual general meeting (see section 223(3)(p)) or alternatively, the adjudicator may order the appointment of an administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under this Act or the community management statement.

The administrator has the powers given to the administrator under the order (section 248(2)). Section 248(3) provides that the order may –

a) withdraw all or particular stated powers from the body corporate (and any delegate of the body corporate) or from stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and

b) require officers or delegates of the body corporate to take stated action to help perform the work the administrator is required to perform; and

c) fix the administrator’s remuneration.

An order appointing an administrator may be the only order the adjudicator makes for an application (section 223(4)(a)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

Section 60 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the “Standard Module”) provides that an annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the scheme’s financial years. A general meeting (which includes an annual general meeting) may be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions (see section 40(c) of the Standard Module). Moreover, the agenda for an annual general meeting must include the items set out in sections 45 of the Standard Module.

The applicants are the co-owners of both Lots 1 and 2. They state that the First annual general meeting was held on 14 April 1994 but that no meetings have been convened since then. The remaining owners, Peter Wayne THOMPSON and Wanda Georgina ROGERS being the co-owners of Lot 3, have given their written consent to the appointment. In the supporting grounds to the application, the applicants state they wish to re-establish the body corporate on a proper legal footing to administer its affairs in accordance with the legislation.
In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold an annual general meeting to determine appropriate motions and establish proper records. While the application has sought the appointment of the applicants as joint Administrators, a joint appointment is neither appropriate nor necessary and for that reason I have chosen only one for appointment. I have also made provision for future annual general meetings to be determined based on the date of the meeting ordered to be held – this will enable the meeting to determine a full annual administrative budget at the meeting.Rosetta G JorgensenUnit 1, 17 Oxford Street, Rockhampton Qld 4700xxxxxx2n