Jodie Lodge [2002] QBCCMCmr 558 (5 September 2002)

C G YOUNGREFERENCE: 0542-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8203
Name of Scheme:	Jodie Lodge
Address of Scheme:	189A West Street, TOOWOOMBA QLD 4350

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

Brian Joseph ALLOM, Trustee, owner of all Lots 1 and 2,



C G YOUNGC G YOUNGI hereby order that -

1.	Toowoomba Body Corporate Management of 63A Neil Street, Toowoomba Qld 4350 is appointed Administrator to call, hold and chair a general meeting (“the meeting”) of “Jodie Lodge” within three (3) months of the date of this order for the purpose of –

• the consideration of motions included on the agenda of the meeting; and

• deciding committee executive positions.

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 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 Jodie Lodge Community Titles Scheme 8203 shall be 31 August 2003, and thereafter each successive financial year for the body corporate shall commence on 1 September and terminate on 31 August.2n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0542-2002

“Jodie Lodge” CTS 8203

The applicant, Brian Allom, Trustee, of both Lots 1 and 2, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”) –

“That Toowoomba Body Corporate Management of 63A Neil Street, Toowoomba, convene the First Annual General Meeting of the scheme.

That the financial year of the scheme be altered so as to run from the 1^st September to 31^st August.”

JURISDICTION:
This application concerns a failure by the original owner to call the statutory First Annual General Meeting, and the body corporate to establish the proper body corporate records and hold annual general meetings. Jurisdiction is specifically provided under section 62(4) of the Standard Module regulations for the holding of a meeting deemed to be the First Annual General Meeting; see also the general jurisdiction provisions under 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 scheme was established on 22 November 1985 and that there has never been a body corporate meeting, including the statutory First Annual General Meeting. The applicant is the sole owner of the two lots which comprise the scheme. The owner now wishes to establish the body corporate on a proper legal footing, including the establishment of proper records.

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. Toowoomba Body Corporate Management (Russell Drummond) has consented to the appointment. I have therefore ordered that a meeting be held which shall 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 am also satisfied that the request for a change in the financial year-end of the body corporate to 31 August each year, is reasonable and have sop ordered.2n