Deborah Court [2002] QBCCMCmr 115 (28 February 2002)

C G YOUNGREFERENCE: 0117-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18610
Name of Scheme:	Deborah Court
Address of Scheme:	29 Juilet Street MACKAY

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

Robert Alan William CAMERON and Edna Diana CAMERON, as the co-owners of all Lots 1, 2 and 3,


C G YOUNGI hereby order that –

1.	Robert Alan William Cameron of 6 Ferngrove Lane, Andergrove Qld 4740 is appointed Administrator to call and chair an annual general meeting of “Deborah Court” in accordance with this order and within three (3) months of the date of this order.

2.	The Administrator will 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 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. 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.

3. The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act, including a consideration of those matters set out in section 45 of the Standard Module and any other appropriate provision relating to meetings under Part 4 of the Standard Module.

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

I further order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 229 of the Act, the financial year-end date of the Body Corporate for Deborah Court Community Titles Scheme 18610 shall be 28 February 2002, and thereafter each successive financial year for the body corporate shall commence on 1 March and terminate on 28 February.
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STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0117-2002

“Deborah Court” CTS 18610

The applicants, Robert and Edna Cameron of Lot 1, 2 and 3, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“Order authorising Robert & Edna Cameron to convene and Annual General Meeting.

Order deeming the financial year for the Body Corporate for Deborah Court to end on the 28^th February 2002.”

Section 223(1) of the Act 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.

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 Body Corporate and Community Management (Standard Module) Regulation 1997 (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 of the Standard Module.

The applicants, Robert and Edna Cameron, are the owners of all three lots comprising the scheme. They state that the body corporate records have been either lost, misplaced or destroyed. They wish to call a meeting choose committee positions and to adopt budgets for the body corporate administrative and sinking funds.

Although the applicants have sought an order for them to be appointed joint administrators, that is neither practice nor necessary – the rights of both co-owners are preserved under the legislation and the appointment of one as Administrator, which I have done in appointing Robert Cameron, does not give that person any pre-eminence as to the outcomes of the meeting ordered to be called.

In the circumstances I am satisfied that Robert Cameron should be appointed Administrator of the body corporate for the purpose of calling and presiding over a meeting to re-establish the body as an operating entity. This, in conjunction with the establishment of the required records, will place the body corporate on a proper legal footing in order to administer its future affairs in accordance with the legislation.

I am also satisfied that the request for a change in the financial year-end of the body corporate to 28 February each year, is reasonable and have so ordered.