Sherwood Glen [2002] QBCCMCmr 379 (13 June 2002)

P J HANLYREFERENCE: 0306-2002

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20173
Name of Scheme:	Sherwood Glen
Address of Scheme:	4 Sherwood Close MUDGEERABA QLD 4213

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

the Body Corporate for Sherwood Glen CTD 20173



I hereby order that the application for an interim order that:

1. The secretary be authorised to issue an interim levy contribution notice to all owners for the period from 01/04/02 to 30/06/02 at the rate of $3.50 net per contribution lot entitlement for the administrative fund and $0.50 net per contribution lot entitlement for the sinking fund with the due date for payment being not less than 30 days after the contribution notice is issued

2. The time for the secretary to comply with the provisions of section 59 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997 in respect of the notice received on 14/05/02 requesting an extraordinary general meeting to be convened be extended until final orders are made in this application

is dismissed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0306-2002

“Sherwood Glen” CMS 20173

The applicant has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

1. Motions 2, 3 & 4 considered at the extraordinary general meeting on 18 May 2002 be deemed passed.

2. The extraordinary general meeting requested by notice from at least the prescribed number of owners dated 13 May 2002 and delivered to the secretary on 14 May 2002 be held at a place to be determined by the secretary and at a time also to be determined by the secretary provided that time is within one (1) month from the date of this order.

3. Subject to order 1 being made, the agenda of the said requested general meeting not include motions 2 to 5 inclusive that form part of the notice requesting that meeting.

4. Any other or ancillary orders that are considered necessary or appropriate.

The Applicant, has also sought the following interim order of an adjudicator, quote -

1. The secretary be authorised to issue an interim levy contribution notice to all owners for the period from 01/04/02 to 30/06/02 at the rate of $3.50 net per contribution lot entitlement for the administrative fund and $0.50 net per contribution lot entitlement for the sinking fund with the due date for payment being not less than 30 days after the contribution notice is issued.

2. The time for the secretary to comply with the provisions of section 59 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997 in respect of the notice received on 14/05/02 requesting an extraordinary general meeting to be convened be extended until final orders are made in this application.

Section 225(1) of the Act provides that an adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the supporting grounds, the applicant states that it is imperative that a contribution notice for the current quarter be issued as quickly as possible because the body corporate is in a dire financial situation, and budget motions were defeated at the extraordinary general meeting held on 18 May 2002.

Since the application for interim orders was lodged, a further extraordinary general meeting has been held on 6 June 2002. At that meeting, budget motions were passed, and levy contributions were struck. The due date for the current quarter’s contributions is 14 July 2002. The interim orders sought by the applicant have effectively been overtaken by events. I have therefore dismissed the application for interim orders.