Eleonora Court [2004] QBCCMCmr 397 (18 August 2004)

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Maureen Anderson, the owner of lot 5, and Samuel Tornatore, an owner of lots 3 and 4

I hereby order that:

1. Conrad Beal (appointee) of AD Body Corporate Managers and Consultants, Suit 19, Highpoint Plaza 240 Waterworks Road, Ashgrove, Queensland is temporarily appointed as an administrator to perform the obligations of the body corporate for Eleonora Court;
2. Within three months of the date of this order, the appointee is to call, hold and chair a general meeting (meeting) of Eleonora Court; and
3. Provided that a committee is appointed at the meeting, the appointee will cease acting as administrator from the close of the meeting. Otherwise, the appointee will cease acting as administrator after the expiry of three months from the date of this order, unless a further order is made extending the appointment of the administrator.

I further order that:

1. The procedures in the Standard Module governing giving notice for and holding an annual general meeting are to be followed as far as practicable. In particular, the notice requesting nominations for committee positions and submission of motions for consideration at the meeting must give owners at least 3 weeks to submit their nominations and motions. However, if it is not practicable to do so, the appointee is not required to co-ordinate the giving of notices and the holding of the general meeting with the end of financial year date of the body corporate;

2. For the purpose of carrying out the obligations of the body corporate, the appointee is granted all the powers, authorities, duties and functions of the chairperson, secretary and treasurer of the body corporate, with the exception of a power to delegate those powers, authorities, duties and functions to another; and
3. The appointee’s reasonable remuneration and costs of complying with this order are to be paid out of the funds of the body corporate and the appointee is granted power to levy a special contribution against the owners of lots included in the scheme to meet the costs of the administration. However, the appointee must not incur any expenditure that is not reasonably necessary for compliance with legislation or for the calling and holding of the meeting.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0198-2004

"Eleonora Court" CTS 10589

Eleonora Court Community Titles Scheme (Eleonora Court) is an 8 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Maureen Anderson and Samuel Tornatore (applicants) each own lots in the scheme and have brought this application jointly. The applicants submit that no annual general meeting for the scheme has been convened since 2001 or 2002 and request the appointment of Samuel Tornatore as administrator to call and hold an annual general meeting.

The applicants have requested an administrator be appointed to call a meeting and place the body corporate on a proper legal footing. The applicants have suggested that Samuel Tornatore be appointed to do this. However, other owners oppose the appointment of Samuel Tornatore and suggest that a different owner be appointed to call the meeting.

I am satisfied that it is appropriate to appoint an administrator to the scheme for a short period. The primary role of the administrator will be to call an annual general meeting of the body corporate to place the scheme on a proper legal foundation. However, given the current failure of all owners to ensure the scheme operates in accordance with the legislation and the dispute over which owner should be appointed to call the meeting, I consider it appropriate to appoint a professional body corporate manager rather than an owner in the scheme.

Owners have been given the opportunity to nominate their preferred body corporate manager. Quotations range from $550 (plus GST) down to $150. I have chosen to appoint Conrad Beal of AD Body Corporate Managers & Consultants, a member of the Community Titles Institute of Queensland. Conrad Beal provided the lowest quotation of $150 to call the meeting, which fee will be waived if owners choose to appoint them as body corporate managers for a fee of $164 per lot, per year. There will also be an entitlement to any reasonable costs of setting up proper records for the body corporate.

If individual owners wish to appoint a different body corporate manager then those owners should contact their preferred body corporate manager and submit a motion allowing owners to vote at the meeting to appoint that particular body corporate manager.

Number of Scheme:	10589
Name of Scheme:	Eleonora Court
Address of Scheme:	53 Annie Street

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Eleonora Court [2004] QBCCMCmr 397 (18 August 2004)