Oceanic Point [2000] QBCCMCmr 307 (28 June 2000)

P J HANLYREFERENCE: 0096-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16043
Name of Scheme:	Oceanic Point
Address of Scheme:	185 Landsborough Avenue SCARBOROUGH QLD 4020

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Oceanic Point CTS 16043

I hereby order that within seven (7) days of the date of this order Strata Care Australia Pty Ltd (formerly Strata Title Management Pty Ltd) shall hand all body corporate records for Oceanic Point CTS 16043 in its possession to Bronwen Colless on behalf of the body corporate.



STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0096-2000

“Oceanic Point” CTS 16043

The applicant, the body corporate for Oceanic Point CTS 16043, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

The return of all financial matters, insurance details etc. to 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 (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about –

a) a claimed or anticipated contravention of the Act or the community management statement; or

b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or

c) a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the supporting grounds, the applicant states that the body corporate has not been issued with a meeting notice to present financial report. The applicant further states that despite numerous phone calls and correspondence to the body corporate manager, no meeting has been held since November 1998. The applicant further states that building maintenance is required, but that without financial statements, no decisions can be made.

The body corporate manager was invited to respond to the application. No response was received.

I have perused a copy of the administration agreement dated 22 January 1998, between the body corporate and Strata Title Management Pty Ltd (now Strata Care Australia Pty Ltd). The term of the agreement was three years, commencing on 22 January 1998. Clause 16 of the agreement provided the mechanism by which the agreement might be terminated within its term. The body corporate was entitled to terminate the agreement if, amongst other things, the manager was in breach of the agreement, the body corporate had notified the manager of the breach and the breach had continued for a period of one month after such notification.

I note that on 4 February 2000 a letter was written on behalf of the body corporate to the body corporate manager, in which concern was expressed that the financial report had not been received, thereby preventing maintenance being carried out at the scheme. In the same letter, the body corporate manager was advised that its services were being terminated, and a request for the return of records was made.

The body corporate manager has made no response to the application, and I can only assume that there is no challenge to the assertions made by the body corporate.

Section 60 of the Standard Module provides that an annual general meeting must be called and held within 3 months after the end of each of the scheme’s financial years. The scheme was registered on 5 June 1996. The first annual general meeting was held on 21 September 1996. Accordingly, the end of financial year for this scheme is 30 September (section 276(9)(a) of the Act). If no annual general meeting has been held since 23 November 1998, then the body corporate has breached section 60 of the Standard Module for failing to hold an annual general meeting in 1999.

I propose to order that the body corporate manager deliver all body corporate records within its possession to Bronwen Colless within seven days of the order.








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