Palms [2000] QBCCMCmr 429 (25 August 2000)

CG YoungREFERENCE: 0461-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15832
Name of Scheme:	Palms
Address of Scheme:	43 Perry Street COOLUM BEACH QLD 4573

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Edrick William HONSON, the owner of Lot 1 and Robert Andrew BYRNE, Glenn William BYRNE, and Joanne Elizabeth PEACHEY, the co-owners of Lot 2.

CG Young C G YOUNGC G YOUNGI hereby order that –

(1)	Beachside Body Corporate Services c/- McAlister Cartmill, Solicitors, Coolum Professionsal Centre, The Esplanade, Coolum Beach is appointed Administrator to call, hold and chair an annual general meeting (“the meeting”) of “Palms” 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.

Beachside Body Corporate Servicesc/- McAlister Cartmill, Solicitors, Coolum Professional Centre, The esplanade, Coolum Beachthree212y
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0461-2000

“Palms” CTS 15832

The applicants, the owners 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 –

An order to permit Goldfrog Pty Ltd ACN 057 404 252 and Marjorie Ann Peat and Raymond Brian Peat trading as Beachside Body Corporate Services to convene an annual general meeting for the scheme.

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 (section 223(3)(p)). 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 (section 223(3)(v)).

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 adjudicator 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 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(2) and (3) of the Standard Module.

In the supporting grounds, the applicants state that the last general meeting of the body corporate was held on 23 December 1996. The applicants are seeking the appointment of Beachside Body Corporate Services to put the body corporate on a legal footing, and the appointee has consented to the appointment.

In the circumstances, I am satisfied that the appointment is necessary.