Hyatt Court [2003] QBCCMCmr 129 (19 September 2003)

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Christopher ZENONOS; Paul PAVLOU and Mary PAVLOU, as the co-owners of all Lots 1 to 8,

I hereby order that –

1. Tim Sheehan of Stewart Silver King & Burns (Brisbane) Pty Ltd of Level 2, The Precinct, 12 Browning Street, West End Qld 4101 (PO Box 5955), is appointed Administrator to call, hold and chair a general meeting ("the meeting") of the body corporate within three (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 to be held.

I further order that –

1. For the purpose of calling, holding and chairing the meeting, the Administrator shall have all of 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. The meeting must consider and determine the matters set out in section 62(3) of the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module").

3. Under section 42(4) of the Standard Module no notice of the meeting need be given.
4. The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act, including a consideration of those matters set out in section 45 of the Standard Module and any other appropriate provision relating to meetings under Part 4 of the Standard Module.

5. 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 body corporate.

I further order that pursuant to section 283 of the Act, for the purposes of the Act the financial year end date of the Body Corporate for "Hyatt Court" Community Titles Scheme 12134 shall be 30 November 2004, and thereafter each successive financial year for the body corporate shall commence on 1 December and terminate on 30 November.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0596-2003

"Hyatt Court" CTS 12134

The applicants, Christopher Zenonos, Paul Pavlou and Mary Pavlou of Lots 1 to 8, have sought the following order of an order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act") –

JURISDICTION:
This application concerns a failure by the original owner to call and hold the statutory First Annual General Meeting, and the subsequent failure of the body corporate to establish proper body corporate records or hold annual general meetings as required by the legislation. Jurisdiction is specifically provided under section 62(4) of the Standard Module regulations for the appointment of a person to call a meeting deemed to be the First Annual General Meeting; see also the general jurisdiction provisions under the dispute resolution provisions of the Act regarding subsequent non-compliance by the body corporate (see sections 182, 183 and 223 and Schedule 5 of the Act) .

Specifically, without limiting the power of an adjudicator to make an order under section 276(1), an 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 (see section 23 of Schedule 5 of the Act).

General powers of an Adjudicator in making an order:
Section 276(1) of the Act 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 (see section 276(2)).

An order appointing an administrator may be the only order the adjudicator makes for an application (see section 276(4) of the Act). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (see section 284 of the Act).

APPLICATION:

"Hyatt Court" was registered as a building unit plan (now termed a building format plan) in September 1978, and comprises eight lots. Upon commencement of the Act, the scheme became regulated by the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module") and still remains so regulated.

The applicants submit that the statutory First Annual General Meeting was never held and the legislative requirements have not been complied with since, the sole owner meeting the costs of the body corporate personally. The applicants having recently purchased all of the lots (though registration has not yet been recorded), now wish to properly establish the body corporate. To this purpose, the applicant seeks the appointment of a suitable person to hold a meeting deemed to be the First Annual General Meeting, to establish proper records and to place the body corporate on a proper legal footing.

DETERMINATION:
In the circumstances, I am satisfied that an order should be made for the appointment, to which the appointee has consented. The meeting will allow the body corporate to administer its affairs in accordance with the legislation.

The applicants have also asked that the financial year-end date be established as the 30 November – this will allow the meeting shortly to be held to consider a budget for the period to 30 November 2004, and annually thereafter.

Number of Scheme:	12134
Name of Scheme:	Hyatt Court
Address of Scheme:	22 Rise Street MT. GRAVATT QLD 4122

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Hyatt Court [2003] QBCCMCmr 129 (19 September 2003)