Talbot Manor [2001] QBCCMCmr 226 (19 April 2001)

C G YOUNGREFERENCE: 0231-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8610
Name of Scheme:	Talbot Manor
Address of Scheme:	18-22 Albert Street EAGLEBY QLD 4207

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

C G YOUNGI hereby order that the Skehan Body Corporate Managers may exercise the powers of chairperson, secretary and treasurer delegated it under Order 46-2001 issued on 1 March 2001, for the purposes of –

• the signing and sealing of “Body Corporate Information Certificates” for the body corporate; and

• the levying of contributions on owners, provided the amounts are no larger than those levied in previous contribution periods.

I further order that the exercise of powers for the above purposes will cease upon the termination of the powers, authorities duties and functions as specified in Order 24-2001. 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0231-2001

“Talbot Manor ” CTS 8610

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

“By Order Ref. 0046-2001 it was ordered that Skehan Body Corporate Managers call, hold and chair a general meeting of the body corporate.

An order is now sought to authorise the issue of Information Certificates on behalf of the body corporate , affix the body corporate seal to those certificates and issue levy notices for any outstanding levies.”

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)).

By Order 46-2001 the applicant, Skehan Body Corporate Managers, was appointed Administrator for the body corporate subject to the following condition –

“for the purposes of convening, holding and chairing the meeting, the appointee shall have all the powers, authorities, duties and functions...”

The Administrator now makes application to widen the purposes it may exercise its delegated powers in respect of, namely the signing and sealing of “Body Corporate Information Certificates” issued under section 162(3) of the Act, and also to levy contributions on owners to enable the body corporate to operate until such time as the meeting ordered by Order 46-2001 can be held and matters put in order.

Considering the state of the body corporate records, typical of the affairs of the previous Body Corporate Manager now bankrupt, this appears to be a reasonable request and the most equitable arrangement would be for the Administrator to levy contributions in the same amount as those levied in previous contribution periods.

I also consider it reasonable in the circumstances for the Administrator to have the additional powers in respect to the issue of body corporate information certificates to facilitate sales of lots in the scheme.

My order is in the above terms in respect of the two additional powers sought.2n