Katandra Body Corporate [2000] QBCCMCmr 527 (17 October 2000)

PJ HanlyREFERENCE: 0430-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11009
Name of Scheme:	Katandra
Address of Scheme:	82 Broadwater Avenue MAROOCHYDORE QLD 4558

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

Lance William Doughty and Judith Florence Doughty, the co-owners of lot 3



PJ HanlyI hereby order that within 1yfourteen (14) days of the date of this order, the body corporate must give to each lot owner a copy of the minutes of the Annual General Meeting held on 13 May 2000.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0430-2000

“Katandra Body Corporate” CTS 11009

The applicants, Lance William Doughty and Judith Florence Doughty, have sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”) that the body corporate provide a copy of the minutes of the Annual General Meeting held on 13 May 2000.

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 applicants state that the body corporate has refused to give them a copy of the minutes of the Annual General Meeting (“AGM”) dated 13 May 2000.

A copy of the application was forwarded to the body corporate secretary for distribution to all members of the committee. In her response to the application, Marlene Manning (the secretary) refers to a letter dated 14 June 2000 to the secretary from the applicants in which they request a copy of the minutes of the AGM at “your earliest convenience”. By letter dated 18 June 2000, the secretary responded stating that the minutes “are being typed and should be posted out soon”. The secretary states that she received a telephone call from Mr Doughty on 5 July 2000 at which time she informed him that the person typing the minutes was on holidays, and that the minutes would be sent with the notice of the next meeting. The secretary further states she was informed, presumably from the information service provided by the Commissioner, that there was no specific time frame for the distribution of the minutes of a general meeting.

Section 59 of the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module") provides:

“Minutes of general meetings

59.(1) The body corporate must ensure that full and accurate minutes are taken of each general meeting.

(2) A copy of the minutes of a general meeting must be given to each lot owner as soon as practicable after the meeting.”

Clearly, the body corporate has an obligation under section 59(2) of the Standard Module to give each lot owner a copy of the minutes of a general meeting “as soon as practicable after the meeting”. While this is not a specific time frame, it places an obligation on the body corporate to give a copy of the minutes within a certain time. The New Shorter Oxford English Dictionary defines practicable as, “Able to be put into practice; able to be effected, accomplished, or done; feasible”. Therefore, the body corporate must ensure that each lot owner is given a completed copy of the minutes of a general meeting within a reasonable time. I am of the view that a reasonable time is dependent on the prevailing circumstances applicable to a particular body corporate. I consider that factors such as the number of lots in the scheme, the complexity of the business transacted at the general meeting, and the expertise of the person charged with the responsibility of completing the minutes are relevant to a determination of a reasonable time frame.

There are six lots in this scheme. The meeting in question was an AGM, therefore the agenda for the meeting must, at least contain those items set out by section 45 of the Standard Module. The copy of the minutes provided by the secretary indicates that Mrs Murray, the proxy for the owners of Lot 4 volunteered to take the minutes. The secretary has submitted that Mrs Murray was on holidays for some time after the AGM.

While a factor such as the person taking the minutes being on holidays is relevant, it should not unduly delay the completion and distribution of the minutes of a general meeting. Lot owners have a legislative right to be given a copy of the minutes of a general meeting, and the body corporate must ensure that the time taken to give those minutes to lot owners is reasonable. A reasonable time certainly does not mean that the minutes are only given to lot owners with the notice of the next general meeting. I would consider that given normal circumstances, the minutes of a general meeting for a body corporate consisting of six lots should reasonably be given to lot owners within one month of the date of the meeting. If the person taking the minutes intends to be absent for some time after the meeting, then alternate arrangements should be made to ensure compliance with section 59(2) of the Standard Module.

I note that the minutes of the AGM have been completed. For these reasons, I have ordered that within fourteen days of the date of this order, the body corporate must give each lot owner a copy of the minutes of the AGM held on 13 May 2000.