Vista Bella [2003] QBCCMCmr 499 (8 May 2003)

Last Updated: 10 September 2007

C G YOUNGREFERENCE: 0293-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26488
Name of Scheme:	Vista Bella
Address of Scheme:	94 - 100 Pohlman Street SOUHTPORT QLD 4215

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

I hereby order that the meeting scheduled to be held on 21 June 2003 is deemed to be the annual general meeting of the body corporate required under the provisions of section 60 of the Body Corporate and Community Management (Standard Module) Regulation 1997 to have been held between 1 January 2003 and 31 March 2003.C G YOUNGC G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0293-2003

"Vista Bella" CTS 26488

The applicantn Body Corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act") that the meeting scheduled to be held on 21 June 2003 be deemed to be the annual general meeting for the 1 January 2002 to 31 December 2002 body corporate financial year (the scheme’s first stage having been established on 7 January 1999).

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about –

a)	a claimed or anticipated contravention of the Act or the community management statement; or
b)	the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or
c)	a claimed or anticipated contractual matter about –

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2) of the Act). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

In the supporting grounds, the applicant nstates that the annual general meeting was not held within the required period because of an "administrative error". Having now realised the oversight, this application has been made in order that the meeting to be held will be recognised as the annual general meeting.

The applicant has advised that the minimum timing requirements for an annual general meeting (eg the time interval for committee nominations) either have been, or will be, observed in respect to the meeting.

I am satisfied that in this instance the meeting should be deemed to be the annual general meeting and my order is to that effect.




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