25 Lonsdale Street [2000] QBCCMCmr 505 (2 October 2000)

REFERENCE: 0561-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26733
Name of Scheme:	25 Lonsdale Street
Address of Scheme:	25 Lonsdale Street ASCOT QLD 4007

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

Kevin Anthony Miller a co-owner of lots 1 and 2



I hereby order that BUGT Management Pty Ltd (the appointee) of of Level 6, 380 Queen Street, Brisbane is appointed to call, hold and chair a general meeting (the meeting) of 25 Lonsdale Street within 3 months of the date of this order.


I further order that -

(1) at least 14 days notice of the meeting must be given to lot owners;

(2) notice of the meeting is to be given in accordance with section 42 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module);

(3) the agenda of the meeting must include the items set out in section 62(3) of the Standard Module, and the meeting may determine any other motion validly before it;

(4) 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 meeting shall be deemed to be the first annual general meeting of the scheme.

I further order that the next financial year end date of the Body Corporate for 25 Lonsdale Street Community Titles Scheme 26733 shall be the last day of the month preceding the month when the first annual general meeting is held pursuant to these orders.

I further order that thereafter, each successive financial year of the Body Corporate for 25 Lonsdale Street Community Titles Scheme 26733 shall commence on the first day of the month that the first annual general meeting is held pursuant to these orders and terminate on the last day of the month preceding the month when the first annual general meeting is held pursuant to these orders.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0561-2000

“25 Lonsdale Street” CTS 26733

The applicant, Kevin Anthony Miller, a co-owner of lots 1 and 2, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that

The Commissioner order BUGT Management Pty Ltd to convene an Annual General Meeting of the body corporate and that that meeting be deemed the First Annual General Meeting of the body corporate and further ORDER that the financial year end for the body corporate be the end of the month of the month preceding that in which the First Annual General Meeting is conducted.

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 62 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module) provides that the original owner must call and hold the first annual general meeting of the body corporate within one month after the first of the following to happen –

(a) more than 50% of the lots included in the scheme are no longer in the ownership of the original owner;

(b) 6 months elapse after the establishment of the scheme.

Moreover the agenda for the meeting must include the items set out in section 62(3) of the Standard Module. If the original owner does not call and hold the first annual general meeting as required by the section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time (section 62(4)).

In the supporting grounds, the applicant states that no meetings of the body corporate have been conducted in accordance with the Act. The applicant wants to put the body corporate on a proper legal footing. Further, a contract of sale has been entered into in respect of lot 2. The closure of the contract is subject to an application being made to convene the first annual general meeting.

In the circumstances, I am satisfied that an order should be made in terms authorised by section 62(4) of the Standard Module. The appointment is necessary to authorise a person to call and hold the first annual general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis.

I have also made orders pursuant to section 229 of the Act changing the financial year.