Collins Street Centre [2001] QBCCMCmr 59 (8 February 2001)

RA MeekREFERENCE: 0070-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16511
Name of Scheme:	Collins Street Centre
Address of Scheme:	16 Collins Street BUNDABERG QLD 4670

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

Barry Robert Hurst and Christine Narelle Hurst, the owners of lots 2, 3 and 4

RA MeekRA MeekI hereby order that -

1. McKinnon Body Corporate Administration of Bundaberg be appointed as administrator to call, hold and chair a general meeting ("the meeting") of "Collins Street Centre" within one (1) month of the date of this order.

2. For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers -

• To further delegate any of these powers to another person; or

• To incur expenditure apart from that necessary for the calling and holding of the meeting.

3. The administrator shall hold the appointment for the period beginning from the date of this order until the close of the meeting ordered.

Under section 42(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the "Standard Module") no notice of meeting need be given.

2. The meeting must consider and determine the matters set out in section 62(3) of the Standard Module.

3. The meeting may consider any other motion before it.

Capitol Body Corporate AdministrationC/- PO Box 2362 Chermside centre QLD 4032one (1) n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0070-2001

“Collins Street Centre” CTS 16511

The applicants Barry Robert Hurst and Christine Narelle Hurst, the owners of lots 2, 3 and 4 have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

That Bev McKinnon of McKinnon Body Corporate Administration be appointed to convene a general meeting of the body corporate.

Section 223(1) provides that an adjudicator may make an order that is just and equitable in the circumstances 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)).

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 (see section 223(3)(p)) or alternatively, the adjudicator may order the appointment of an administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under this Act or the community management statement.

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 adjudicator 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)).

The Body Corporate and Community Management Act (Standard Module) (the Standard Module) section 60 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 applicant states that the plan was registered in 1995 and since that time only one AGM has been held. The applicants are seeking an order to convene the AGM. I note that the applicant is the owner of three lots, and that the owner of the remaining lot (1), JD & DJ Fidden Pty Ltd, has consented to an order being made in the terms sought.

In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold a general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis.

Specifically, I have not ordered that an election of the committee be held at the meeting, since given the number of lots in the scheme, or conversely the current number of owners, the provisions of section 11 of the Standard Module apply and an election of committee members is not required since all owners are deemed by that provision to be members of the committee of the body corporate.
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