Natchez [2000] QBCCMCmr 514 (5 October 2000)

P G DanielsREFERENCE: 0566-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21238
Name of Scheme:	Natchez
Address of Scheme:	87 Springwood Road SPRINGWOOD QLD 4127

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

P G DanielsI hereby order that Michael Timothy Golden must within seven (7) days of the date of this order give to Maureen MacQueen all books, records and documents of the Body Corporate for Natchez community titles scheme 21238 that are in his possession or custody.

P G DanielsI further order that Helen Ruth Golden must within seven (7) days of the date of this order give to Maureen MacQueen all books, records and documents of the Body Corporate for Natchez community titles scheme 21238 that are in her possession or custody.1n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0566-2000

“Natchez” CTS 21238

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

MT & HR Golden t/a Logan Body Corporate Services immediately deliver up the books and records of the body corporate to the chairperson Mrs Maureen MacQueen.

Section 223(1) 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)).

The applicant resolved at an extraordinary general meeting on 12 August 2000 to terminate the engagement of the body corporate manager for the scheme. The former manager was Michael Timothy Golden and Helen Ruth Golden trading as Logan Body Corporate Service. Michael Golden continues as the Secretary and Treasurer.

Herd & Janes, Lawyers has forwarded a letter to Logan Body Corporate Services dated 14 September 2000 requesting that all books and records of the Body Corporate be provided to Maureen MacQueen the chairperson. It was suggested the handover could occur at a Committee meeting on 18 September 2000.

The applicant states:

4.	A committee meeting was called for September 18, 2000 to discuss the upcoming annual general meeting. Mr Golden did not attend the meeting. The committee were not able to progress the agenda for the annual general meeting because it does not have the books and records of the body corporate.

5.

The chairperson, Mrs Maureen MacQueen, spoke to Mr Golden by telephone on September 19, 2000 and enquired when she could expect to receive the books and records of the body corporate. Mr Golden’s reply were words to the following effect – “You are not getting the books – I am still the secretary and treasurer until the annual general meeting”.

6.	The annual general meeting is required to be held by the end of October 2000.

7.	The committee cannot complete the agenda for the annual general meeting without the books and records.

Michael Golden has made a submission in respect of the application.

He questions whether the application and the engagement of Herd and Janes was authorised by the Body Corporate. It is not relevant whether the engagement of Herd and Janes was properly authorised. A letter signed by three committee members has been forwarded authorising the application.

Mr Golden states that he missed the Committee meeting on 18 September 2000 because of an opportunity to attend the Olympic Games. He states that he left in the chairperson’s letterbox at 5.45 pm on 18 September 2000 certain body corporate records. He argues that the allegation that the Committee were unable to progress the agenda for the annual general meeting is without foundation. He also states that the Natchez annual general meeting can be held up to 30 November 2000.

In my view all books and records should be returned. In preparing for an annual general meeting, the Committee may need to consult a variety of documents not limited to those which Mr Golden states that he has returned. Given that the Body Corporate has previously decided to terminate the engagement of Michael Golden and Helen Golden as body corporate manager, I have decided it would be preferable for the Body Corporate records to be held by the chairperson. This will ensure that the Body Corporate can properly prepare for the annual general meeting. I will make orders that Michael Golden and Helen Golden give all body corporate records to Maureen MacQueen.