Weinam Lodge [2001] QBCCMCmr 428 (3 August 2001)

P J HANLYREFERENCE: 0223-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27095
Name of Scheme:	Weinam Lodge
Address of Scheme:	Corner Hamilton and Weinam Streets REDLAND BAY QLD 4165

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

MacTaggart Property Developments Pty Ltd (formerly Northern Territory Game Meat Export Pty Ltd) the owner of lots 2 and 4

I hereby order that the order made by me on 29 May 2001 is varied to the extent that the time allowed for Benita Williams to call hold and chair an annual general meeting of Weinam Lodge shall be 4 months from the date of my original order, and not three months as stated in that order.

I further order that the remaining orders made by me on 29 May 2001 shall be unchanged.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0223-2001

“Weinam Lodge” CTS 27095

On 29 May 2001 I made an order in this application as follows:
I hereby order that –

(1)	Benita Williams of BUGT Management (Gold Coast) Pty Ltd, PO Box 7674, Gold Coast Mail Centre Qld 9726 is appointed as administrator to call, hold and chair an annual general meeting (“the meeting”) of “Weinam Lodge” 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
•	the election of committee members.
(2)	The administrator shall hold the appointment for the period beginning from the date of this order until of the close of the meeting ordered.

I further order that within seven (7) days of the date of this order the administrator must give a copy of this order to each person whose name appears on the roll as the owner of a lot in the scheme (“lot owners”).

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)	The nomination and election procedures for the election of committee members shall be in the same manner as provided for in sections 15 and 16 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997.
(3)	The administrator must give at least fourteen (14) days 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 40 and 43 of the Accommodation Module and all other provisions relating to meetings under Part 4 of the Accommodation Module.
(5)	The administrator must not give the notice of meeting to owners earlier than twenty-one (21) days from the date of this order.

On 31 July 2001, Mrs Williams advised that she had experienced enormous difficulty in obtaining the books and records from the previous body corporate manager, and had only had them finally delivered in the week ending 27 July 2001. Mrs Williams requested an extension of 1 month from 29 August 2001 within which to call the annual general meeting. Mrs Williams explained that the extension of time was required “to ensure that all matters are adequately covered and the body corporate is operating within the boundaries of the legislation.”

I am satisfied that an extension of time is warranted in the circumstances, and I have therefore varied my original order to that extent.