Camadi Place [2002] QBCCMCmr 368 (11 June 2002)

C G YOUNGREFERENCE: 0341-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16318
Name of Scheme:	Camadi Place
Address of Scheme:	Kendalls Road BUNDABERG QLD 4670

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

Neville Geoffrey PLUNKETT, as a co-owner of all Lots 1 to 10,

C G YOUNGC G YOUNGI hereby order that -

1.	Beverly Joan McKinnon of McKinnon Body Corporate Administration, PO Box 2224, Bundaberg Qld 4670, is appointed administrator to call, hold and chair a general meeting (“the meeting”) of “Camadi Place” within three (3) months of the date of this order.

2. 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. 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.

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

4. 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 0341-2002

“Camadi Place” CTS 16318

The applicant, Neville Plunkett of all Lots 1 to10, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”) –

“That Bex McKinnon of McKinnon Body Corporate Administration, be appointed to convene a general; meeting of the Body Corporate.”

JURISDICTION:
This application concerns a failure by the body corporate to call the statutory First Annual General Meeting, hold subsequent annual general meetings and establish the proper body corporate records. Jurisdiction is specifically provided for in section 62(4) of the Standard Module regulations in regard to the First Annual General Meeting, while the following matters come within the dispute resolution provisions of the Act (see sections 182, 183 and 223 of the Act).

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)).


APPLICATION:
The applicant submits that the previous owners of the lots did not, after registration of the plan on 15 February 1996, hold the First Annual General Meeting or establish proper records of the body corporate. The applicants, as new owners of the lots, wish to establish the body corporate on a proper legal footing.




DETERMINATION:
In the circumstances, I am satisfied that an order should be made in terms authorised by section 62(4) of the Standard Module regulations. I have therefore ordered that a meeting be held which shall under the order be deemed to be the First Annual General Meeting. The meeting will allow the body corporate to properly establish itself to administer its affairs in accordance with the legislation.

I have also made provision for future annual general meetings to be determined relative to the date of the meeting – this will also enable a full financial year budget to be considered at the meeting.