46 Ferndale Street [2000] QBCCMCmr 76 (17 February 2000)

C G YOUNGREFERENCE: 0034-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11012
Name of Scheme:	46 Ferndale Street
Address of Scheme:	46 Ferndale Street ANNERLEY QLD 4103

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

I hereby order that the meeting scheduled to be held on 15 March 2000 is deemed to be the annual general meeting of the body corporate required under the provisions of section 60 of the Body Corporate and Community Management (Standard Module) Regulation 1997 which should otherwise have been held sometime between 1 November 1999 and 31 January 2000
2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0034-2000

“46 Ferndale Street ” CTS 11012

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

Authority to hold the annual general meeting of the body corporate later than 31 January 2000.

(NOTE: The applicant has since advised that a suitable date is 15 March 2000)

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 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)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the supporting grounds, the applicant states that the body corporate has been unable to hold the annual general meeting within the 3 month period specified under section 60 of the Standard Module. The period applicable to “46 Ferndale Street” under the section is 1 November to 31 January each year.

The applicant has stated that the Body Corporate Manager was initially asked by letter dated 1 December 1999 to hold the meeting on 24 January 2000, however no response was received. This information has not been verified, because regardless of the reason, a notice of meeting has not issued for a meeting to be held within time and this application seeks to remedy that. The applicant has advised that both it and the Body Corporate Manager have reached agreement on the meeting being held on 15 March. The applicant has advised that the legislative requirements in respect of nominations for committee were met.

I am satisfied that the meeting to be held on 15 March should be deemed to be the annual general meeting for the body corporate and my order is to that effect.