Oak Street Townhouses [2005] QBCCMCmr 335 (21 June 2005)

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

I hereby order that Lew Wheller of Noosa District Body Corporate Management (appointee) is authorised to call, hold and chair an annual general meeting (meeting) of the body corporate for Oak Street Townhouses.

I further order that this authorisation:

1. Commences on the date of this order and ceases in three months from the date of this order. However, the authorisation will cease immediately upon the appointment of a committee for Oak Street Townhouses if that occurs earlier;
2. Allows the appointee to perform obligations of the committee or any member of the committee in respect of the calling, holding and chairing of the meeting. In particular, the appointee is authorised to incur expenditure within the committee limit that is reasonably necessary for the holding of the meeting;
3. Is subject to the appointee, as far as practicable, following the procedures in the Standard Module governing giving notice for and holding an annual general meeting. In particular, a notice requesting nominations for committee positions and submission of motions for consideration at the meeting must give owners at least three weeks to submit their nominations and motions. However, the giving of notices and the holding of the general meeting need not coincide with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0415-2005

"Oak Street Townhouses" CTS 23766

Oak Street Townhouses Community Titles Scheme (Oak Street) is a 6 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Minutes of a general meeting held on 7 May 2005 indicate that owners had previously engaged Frank Burke Body Corporate Services to provide administrative assistance for the scheme but that the scheme has not been operating in accordance with the legislation for some years. The minutes indicate that owners wish to have Lew Wheller of Noosa District Body Corporate Management appointed to provide administrative assistance to owners. By application lodged on 8 June 2005 the body corporate for Oak Street (applicant) seeks appointment of Lew Wheller of Noosa District Body Corporate Management (appointee), to convene a general meeting.

It is apparent that the scheme is not currently operating in accordance with the legislation. Annual general meetings must be held within 3 months after the end of each of the scheme’s financial years (Standard Module, 60). Further, notices requesting nominations for committee positions and motions for consideration at the annual general meeting must be requested from owners by a notice given three to six weeks before the end of financial year (Standard Module 13, 41).

In this case the body corporate is seeking an order authorising the appointee to call a meeting at which the affairs of the body corporate can be placed back on a proper legal footing. Submissions are to the effect that no annual general meeting has been held since 2002 and body corporate records are incomplete.

I am satisfied that it is appropriate to grant an order authorising the appointee to call, hold and chair the meeting. The appointee is entitled to perform obligations of the committee or any committee member in this respect and those actions will be taken to be actions done by the committee or member (Act, 278). In calling this meeting, the appointee should follow the legislative procedures as far as practicable.

The authorisation is limited to allowing the appointee to call the meeting within a three month period. The authorisation will also immediately cease as soon as owners have elected a committee as required by the legislation (Act, 98-101). If owners want the continuing assistance of Noosa District Body Corporate Management throughout the year then a motion proposing appointment of that company to provide administrative assistance as body corporate manager will need to be put to the meeting and adopted by owners.

Alternatively, if insufficient owners are willing to serve on the committee, another meeting may need to be called at which owners can vote by secret ballot on whether to engage a body corporate manager to actually perform the functions of the committee instead of just providing administrative assistance (Standard Module, 37B).

Number of Scheme:	23766
Name of Scheme:	Oak Street Townhouses
Address of Scheme:	66 Oak Street GYMPIE QLD 4570

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Oak Street Townhouses [2005] QBCCMCmr 335 (21 June 2005)