Macka Court [2003] QBCCMCmr 355 (29 January 2003)

Last Updated: 7 September 2007

REFERENCE: 0066-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16598
Name of Scheme:	Macka Court
Address of Scheme:	16 White Street EMERALD QLD 4720

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

Poul Laurits GRONBEK and Bente Bekker GRONBEK, the co-owners of Lot 1,



I hereby order that –

(1)	Beverly Joan McKinnon of McKinnon Body Corporate Administration, 57 Maryborough Street, Bundaberg (PO Box 2224 Bundaberg Qld 4670) is appointed Administrator to call, hold and chair an annual general meeting ("the meeting") of "Macka Court" 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 member positions.
(2)	The Administrator shall hold appointment for the period beginning from the date of this order until the close of the meeting ordered to be held.

I further order that upon receipt of this order the administrator must give a copy of this order to each person whose name appears on the roll as the owner of a lot in the scheme.

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)	Executive members of the committee shall be chosen in accordance with section 11(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997.
(3)	The Administrator must give at least two (2) weeks written notice to owners inviting them 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, particularly sections 42 and 45 of the Standard Module, and all other provisions relating to meetings under Part 4 of the Standard Module.

I further order that, for the purpose of determining the future financial years of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0066-2003

"Macka Court" CTS 16598

The applicants, Poul and Bente Gronbek of Lot 1, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act") -

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

JURISDICTION:
The application concerns the failure of the body corporate to call annual general meetings, establish proper records and generally administer itself in accordance with the legislation. These are matters that fall within the dispute resolution provisions of the legislation (see sections 182, 183 and 223 of the Act).

General Powers of an Adjudicator:

Section 223(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 (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 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)).

APPLICATION:
The applicants are the co-owners of one of the two lots which comprise the scheme. A co-owner of the other lot, Dorothy Jean Mackay of Lot 2, has given her written consent to the appointment and this is included with the application.

The records of the body corporate are said, not to be in order and do not appear to have been maintained for some time. The applicants are seeking the appointment of a suitable person to convene a meeting to re-establish the body corporate as an operating body, administering itself in accordance with the legislation.

DETERMINATION:
In the circumstances, I am satisfied that an Administrator needs to be appointed to convene and conduct a meeting in order to establish the records of the body corporate and to put the body corporate on a proper legal footing. This will allow the body corporate to administer its affairs in accordance with the legislation.

I have also made provision for future annual general meetings to be determined based on the date of the meeting - this will also enable a full financial year budget to be considered at the meeting.