Nova Court [2002] QBCCMCmr 159 (26 March 2002)

C G YOUNGREFERENCE: 0169-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13183
Name of Scheme:	Nova Court
Address of Scheme:	30 Grace Street TOOMBUL QLD 4012

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Ralph Frederick MAYER and Diane Leona MAYER, as the co-owners of all Lots 1 to 6,

C G YOUNGC G YOUNGI hereby order that -

1.	Peter James Hanlon of 3/30 Grace Street, Nundah Qld 4012 (PO Box 2040, Ascot Qld 4007), is appointed administrator to call, hold and chair a general meeting (“the meeting”) of “Nova Court” within three (3) months 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.

I further order that –

1.	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.

I further order that the meeting shall be deemed to be the first annual general meeting of the scheme.

I further order that for the purposes of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year. C G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0169-2002

“Nova Court” CTS 13183

The applicants, Ralph and Diane Mayer of all Lots 1 to 6, have sought the following order of an
adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

“Order for the establishment of body corporate.”

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 (section 223(3)(p)). 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 (section 223(3)(v)).

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)).

Section 62 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the “Standard Module”) provides that the original owner must call and hold the first annual general meeting of the body corporate within one month after the first of the following to happen –

(a) more than 50% of the lots included in the scheme are no longer in the ownership of the original owner;

(b) 6 months elapse after the establishment of the scheme.

Moreover the agenda for the meeting must include the items set out in section 62(3) of the Standard Module. If the original owner does not call and hold the first annual general meeting as required by the section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time (section 62(4)).

In the supporting grounds, the applicants state that a statutory first annual general meeting was not held and no other meeting has ever been held. The body corporate wishes to establish itself as an operating body.

2yAs the applicants are the sole owners, notice of the ordered meeting may be dispensed with under the provisions of section 42(4) of the Standard Module. However the matters contained in section 62(3) need to be considered and the meeting and minuted. The body corporate records need to be established.

In the circumstances I am satisfied that an order should be made in the terms authorised by section 62(4) of the Standard Module.

I have also made provision for future annual general meetings to be determined based on the date of the meeting held – this will allow the meeting to consider a full year budget.