Alexandra Beach Resort [2003] QBCCMCmr 331 (16 January 2003)

Last Updated: 7 September 2007

RA MeekREFERENCE: 0040-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30867
Name of Scheme:	Alexandra Beach Resort
Address of Scheme:	Alexandra Parade, ALEXANDRA BEACH QLD

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Alexandra Beach Resort

RA MeekI hereby order that Sharon Withford of BUGT Management (Maroochydore) Pty Ltd (the appointee) of PO Box 631, Maroochydore is appointed to call, hold and chair a general meeting (the meeting) of Alexandra Beach Resort within three (3) months of the date of this order.


I further order that -

(1) at least twenty-one (21) days notice of the meeting must be given to lot owners;

(2) notice of the meeting is to be given in accordance with section 42 of the standard module;

(3) the agenda of the meeting must include the items set out in section 62(3) of the standard module, and the meeting may determine any other motion validly before it;

(4) the nomination and election procedures for election of the committee at the meeting must be in accordance with sections 14 and 15 of the standard module;

(5) except as provided for in this order, the meeting and all related matters must be conducted in accordance with the standard module.

I further order that the meeting shall be deemed to be the first annual general meeting of the scheme, and that that financial year end date for the scheme shall be 30 November each year. ny

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0040-2003

"Alexandra Beach Resort" CTS 30867

The applicant, the Body Corporate for Alexandra Beach Resort, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

a) That Sharon Withford of BUGT Management (Maroochydore) Pty Ltd be authorised to call and hold the first AGM of the body corporate for Alexandra Beach Resort Apartments CTS 30867.

b)	That the financial year end date of the body corporate be deemed to be 30 November in each year.

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)).

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 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)).

The Body Corporate and Community Management Act (Standard Module) (the Standard Module) section 62 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)).


In the supporting grounds, the body corporate states that the scheme was established on 2 December 2002 by the amalgamation of the schemes Alexandra Beach Resort Apartments I & II. Both former schemes were dissolved on amalgamation. Currently there is no committee for the new scheme, and each former scheme formerly resolved to make an application for the appointment of BUGT Management to call and hold the first AGM for the amalgamated scheme.

In the circumstances, I am satisfied that an order should be made in terms authorised by section 62(4) of the standard module. The appointment is necessary to authorise a person to call and hold the first annual general meeting of the scheme, and allow it to thereafter proceed on a proper legal basis. ny