Manooka Lodge [2003] QBCCMCmr 340 (22 January 2003)

Last Updated: 7 September 2007

REFERENCE: 0056-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	25909
Name of Scheme:	Manooka Lodge
Address of Scheme:	Manooka Street RAINBOW BEACH QLD 4581

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

Christopher Hall, a Co-owner of Lots 1, 2, 3, 4, 5 and 6

I hereby order that-

1.	Bev McKinnon of McKinnon Body Corporate Administration, 57 Maryborough Street Bundaberg, is appointed as Administrator to call, hold, and chair an annual general meeting ("the meeting"), of the "Manooka Lodge" Body Corporate in accordance with this order and within 3 months of the date of this order.
2.	The meeting shall be deemed to be the first annual general meeting of the Body Corporate for the purposes of the Body Corporate and Community Management Act 1997 ("the BCCM Act").
3.	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, 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 those powers to another person; or
•	To incur any expenditure apart from that reasonably 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 Administrator must prepare an agenda for the meeting, including but not necessarily limited to, the matters set out in section 62(3) of the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module").
3.	The meeting may also consider any other matter before it.
4.	The Administrator must issue a notice of meeting in accordance with section 42 of the Standard Module.
5.	The meeting must be held at least 1 day after notice of the meeting is given to the lot owners.
6.	Except as provided in this order, the meeting must be called and conducted in accordance with the BCCM Act and the Standard Module.

I further order that for the purposes of determining future financial years of the Body Corporate, the end of the financial year shall be the last day of the month immediately preceding the month in which the anniversary of the meeting authorised by this order falls.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0056-2003

"Manooka Lodge" CTS 25909

The Applicant, a Co-owner of Lots 1, 2, 3, 4, 5 and 6, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act"), quote-

"That, Bev McKinnon, of McKinnon Body Corporate Administration, be appointed to convene a general meeting of the Body Corporate."

Section 223(1) of the BCCM Act provides that adjudicators may make just and equitable orders to resolve disputes in community titles schemes. 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, and without limiting the power of an adjudicator to make an order under section 223(1), an adjudicator may order a 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)). Additionally, the adjudicator may make an order appointing an administrator, and authorise the administrator to perform obligations of the body corporate, or a member of its committee under the Act or the community management statement (section 223(3)(v)).

An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The "Manooka Lodge" community titles scheme consists of 6 lots and common property, and was originally created under a building format plan of subdivision registered on 11 August 1998. The community management statement for "Manooka Lodge" indicates that the Body Corporate and Community Management (Standard Module) Regulation 1997 ("the Standard Module") applies to the scheme.

Section 62(1) of the Standard Module imposes an obligation on original owners of land that becomes part of a community titles scheme (see section 14 of the Act), to convene the first annual general meeting of the body corporate. The first annual general meeting must be called and held within one month of the first of the following to happen:

•	More than 50% of lots included in the scheme are no longer in the ownership of the original owner, or
•	6 months elapse after the establishment of the scheme (see section 62(2) of the Standard Module).

Section 62(3) requires particular matters to be included on the agenda for the first annual general meeting.

In the supporting grounds to the application, the Applicant states that the first annual general meeting for the scheme has not been convened to date.

If an original proprietor, or owner, fails to convene a first annual general meeting for a body corporate, or if the body corporate fails to regularly hold its required annual general meetings, it is necessary for an adjudicator to make an order appointing an administrator to call and hold an annual general meeting of the body corporate. The purpose of such an order is to re-establish the body corporate on a proper legal footing, and to facilitate the body corporate conducting its affairs in accordance with the legislation, including by maintaining required records and registers.

In the circumstances, I am satisfied that it is necessary and proper for me to make the order sought by the Applicant. I note that the proposed Administrator, Ms McKinnon has provided her written consent to the appointment. I also note that the other co-owners of Lots 1, 2, 3, 4, 5 and 6 have provided their written consent to the appointment of Ms McKinnon to convene a general meeting.

In addition, I intend to make an order setting the future financial years of the body corporate.