Bangalow [2000] QBCCMCmr 493 (28 September 2000)

P G DanielsREFERENCE: 0531-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2571
Name of Scheme:	Bangalow
Address of Scheme:	11 Bangalow Crescent RACEVIEW QLD 4305

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

the Body Corporate


P G DanielsI hereby order that Elwyn Denman (the appointee) of 154 Brisbane Road, Booval is appointed to call, hold and chair a general meeting (the meeting) of Bangalow within 3 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting.

I further order that, for the purposes of convening, holding and chairing the meeting, the appointee shall have all the powers, authorities, duties and functions of the chairperson, secretary and treasurer of the body corporate, with the exception of the following powers -

a) to further delegate any of those powers, authorities, duties and functions to another; or

b) to make any decision on a restricted matter within the meaning of section 26 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module); or

to incur expenditure, in respect of a single project, beyond the relevant limit for committee spending.

I further order that -

a) at least 14 days notice of the meeting must be given to lot owners,

b) notice of the meeting is to be given in accordance with section 42 of the Standard Module;

c) the agenda of the meeting must include the items set out in section 45(2) of the Standard Module, and the meeting may determine any other motion validly before it;

d) except as provided for in this order, the meeting and all related matters must be conducted in accordance with the Standard Module.

I further order that the appointee shall hold the appointment for the period beginning from the date of this order until the completion of the meeting.Elwyn Denmanof 154 Brisbane Road, Booval3 1414n1nn
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0531-2000

“Bangalow” CTS 2571

The applicant, the Body Corporate, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

Appoints Elwyn Denman to chair an extraordinary general meeting of the Body Corporate to formalise its affairs.

Section 223(1) 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(4) 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).

In the supporting grounds, the applicant states that there have been no meetings of the Body Corporate since the inaugural meeting.

In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold a general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis.Elwyn Denmanof 154 Brisbane Road, Booval3 1414n1nn