Sandringham Place [2000] QBCCMCmr 529 (18 October 2000)

PJ HanlyREFERENCE: 0402-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6410
Name of Scheme:	Sandringham Place
Address of Scheme:	26 Westminster Street KIPPA-RING QLD 4021

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

Ewald George FING and Joyce Edith FING, the co-owners of Lot 2



CG YoungC G YOUNGC G YOUNGI hereby order that –

(1)	Neil Tyler of Lantel Pty Ltd Body Corporate Managers, PO Box 444, Redcliffe Qld 4020 is appointed Administrator to call, hold and chair an annual general meeting (“the meeting”) of “Sandringham Place” 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 –

(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 give at least 21 days notice of the meeting in accordance with section 43 of the Standard Module.
(6)	The Administrator must not give the notice of meeting to owners earlier than twenty-one (21) days from the date of this order.
(7)	The place of the meeting must be in accordance with section 44(1) of the Standard Module.

I further order that, for the purpose of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.

2y
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0402-2000

“Sandringham Place” CTS 6410

The applicants, Ewald George Fing and Joyce Edith Fing, the owners of lot 2 have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

Neil Tyler of Goldsworthy Real estate be appointed to convene a general meeting of body corporate.

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)).

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 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 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 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 they have occupied Lot 2 since 1993, and in that time the body corporate has been administered on an informal basis, in that meetings were not held and records have not been kept. The applicants further state that the previous owner of Lot 1 has passed away and his daughter, Miss Noonan is now the owner of this lot. The applicants have included a letter from Neil Tyler consenting to an appointment to convene a general meeting for a fee of $200.00.

Since the application was lodged, Miss Noonan has sold lot 1 to Wendy Balachandran, whose solicitor is Mr Bruce Gleeson. On 28 November 2000, Mr Gleeson advised this office that his client is agreeable to Mr Tyler’s appointment to call and hold a meeting. I am therefore 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.