59 Ridgewood Road [2002] QBCCMCmr 70 (12 February 2002)

DJ ReardonREFERENCE: 0069-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21507
Name of Scheme:	59 Ridgewood Road
Address of Scheme:	59 Ridgewood Road, Algester

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

Mary Ellen Cruice (formerly Mary Ellen Medcraf), the Owner of Lot 1


DJ ReardonI hereby order that-

1. Mary Ellen Cruice (formerly Mary Ellen MEDCRAF), of 339 Brunswick Street, Fortitude Valley, Queensland is appointed as administrator to call, hold and chair a general meeting (“the meeting”) of “59 Ridgewood Road” within 3 months of the date of this order.

2.	The administrator shall hold the appointment for the period beginning on 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 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.	The nomination and election procedures for the election of committee members shall be in the same manner as provided for in sections 14 and 15 of the Body Corporate and Community Management (Standard Module) Regulation 1997.
3.	The administrator must give at least 10 days written notice inviting owners to submit motions for inclusion on the agenda of the meeting.
4.	The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act.
5.	The administrator must not give notice of the meeting to owners earlier than 2 weeks from the date of this order.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0069-2002

“59 Ridgewood Road” CTS 21507

The applicant, the Owner of Lot 1, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

“We wish Mary Ellen Cruice be appointed to convene a general meeting of body corporate “The Proprietors 59 Ridgewood Rd Algester””

Section 223(1) 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)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)).

The administrator has the powers given to the administrator under the order (section 248(2)). Section 248(3) provides that the order may –

a)	withdraw all or particular stated powers from the body corporate (and any delegate of the body corporate) or from stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and
b)	require officers or delegates of the body corporate to take stated action to help perform the work the administrator is required to perform; and
c)	fix the administrator’s remuneration.

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(2) and (3) of the Standard Module.
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In the supporting grounds, the applicant states “due to ignorance of body corporate rules meetings have been casual as there are only 3 units. The body corporate is desirous of complying with legislation”. The owners of lots 2 and 3 have signed the application form, and indicated that they consent to the order sought in the application.

In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold a general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis.Mary Ellen Cruiceof 339 Brunswick Street, Fortitude Valley, Queensland3321 days21 daysy2nnn
As a final note, I would like to point out to each of the owners that the Office of the Commissioner for Body Corporate and Community Management offers an Information Service for people involved in Queensland community titles schemes. The Information Service responds to telephone and written enquiries regarding the Act and regulation modules, and has also produced a number of free publications on various aspects of the Act. The Information Service can be contacted on (freecall) 1800 060 119.