Pacific Keys Central [2004] QBCCMCmr 575 (22 November 2004)

Last Updated: 30 September 2005

REFERENCE: 0468-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10021
Name of Scheme:	Pacific Keys Central
Address of Scheme:	54 Hooker Boulevard, MERMAID WATERS QLD 4218

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

Mr Lenard Field, the Ownerof lot 10

I hereby order that the body corporate provide the applicant with copies of the minutes of committee meetings held on 16 October 2003, 5 December 2003, 23 January 2004, 10 March 2004, 22 March 2004, 29 March 2004, 28 May 2004 and 21 July 2004. I further order that the body corporate provide other lot owners with copies of the above minutes upon request.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0468-2004

"Pacific Keys Central" CTS 10021

The applicant, a co-owner of lot 10, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) requiring the body corporate for
Pacific Keys Central CTS 10021 to provide him with copies of the body corporate committee minutes for the period 16 October 2003 to 21 July 2004.

Section 227(1)(b) of the Act provides that a dispute between an owner or occupier of a lot and the body corporate for a community titles scheme is a dispute which may be resolved under the dispute resolution provisions of the Act.

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 the 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)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

The scheme

The scheme is a subdivision of 63 lots registered under a building units plan (now known as a building format plan). The regulation module applying to the scheme is the standard module.

The application and submissions

In July 2004, the applicant requested the body corporate to provide copies of committee meeting minutes as required by Division 9 of the Body Corporate and Community Management (Standard Module) Regulation 1997. This request was considered at the committee meeting on 12 July 2004 where the secretary advised that the committee would supply copies of minutes to all lot owners except those who advised that they did not wish to receive a copy.

The body corporate advised that it is seeking to effectively respond to the needs of owners while containing costs. On the advice of the body corporate manager, a notice was sent to all owners in September this year in which they were asked to indicate whether or not they wished to receive Notices of Committee Meetings and whether or not they wished to receive Committee Meeting Minutes. It has provided to me a copy this notice which provides as follows:





In an effort to curtail escalating costs created by the new legislation requiring minutes of Informal Committee Meetings to be forwarded to all owners, would you please advise if you require a copy. A copy will always be placed on the noticeboard for your information.
Thank you for your co-operation.

To comply with the legislation it is necessary for owners to notify the committee in writing if they do not wish to receive a copy of the Notice of Informal Committee Meetings and the Minutes of those Meetings. We would appreciate your advice.

Please tick "Yes" or "No" if you wish to receive or not receive Notice of Meetings and Minutes of Informal Committee Meetings.

No I/ we don’t require a copy of Notice of Informal Committee Meetings ( )
Yes I/ we do require a copy of Notice of Informal Committee Meetings ( )

No I/ we do not require a copy of Notice of Informal Committee Meeting Minutes ( )
Yes I/ we don’t require a copy of Notice of Informal Committee Meeting Minutes ( )

Resident owners please tear off and place in the Body Corporate Mail Box
Non -Resident owners please return in Stamped Addressed Envelope attached tear off and
place in the Body Corporate Mail Box.


Legislation

Sections 36 and 37 of the Standard Regulation Module were amended with effect from 1 December 2003, so that section 36 now requires a body corporate to provide each lot owner with a copy of the committee meeting minutes within 21 days after the meeting. However, minutes do not have to be given to lot owners who have instructed the secretary not to provide them with copies of these documents. I am also of the view that where a lot owner does not wish to be provided with copies of minutes of committee meetings, this may be notified to the secretary by completing the tear-off portion of the notice dated 14 September.

While the above provision commenced on 1 December 2003, it should be noted that prior to that date, section 37 of the Standard Regulation Module required the body corporate to provide to each lot owner a copy of resolutions passed at a meeting of the committee (other than a lot
owner who has instructed the secretary that they no longer wish to be given copies of committee resolutions), whether separately or as a part of a copy of minutes of the meeting at which the resolution was passed.

Decision

The body corporate must give each lot owner a copy of committee meeting minutes within 21 days after the meeting. This obligation arises whether or not a lot owner has requested that they be provided with this material although the body corporate is not obliged to do so where a lot owner has given the secretary written notice that they do not wish to be provided with copies of committee meeting minutes for this scheme.

Accordingly, as the applicant has not given such notice to the secretary, I order the body corporate to provide the applicant with copies of the minutes of committee meetings held on 16 October 2003, 5 December 2003, 23 January 2004, 10 March 2004, 22 March 2004, 29 March 2004, 28 May 2004 and 21 July 2004.

I further order that the body corporate provide other lot owners with copies of the above minutes upon request.