Calbrook Villas [2005] QBCCMCmr 430 (5 August 2005)

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

C G YOUNGI hereby order that –

(1) Robyn Wellner of McKinnon Community Management Services of 1566 Wynnum Road, Tingalpa, Qld is appointed Administrator to call, hold and chair an annual general meeting ("the meeting") of "Calbrook Villas" 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
• the election of committee members.

(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 within seven (7) days of the date 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) The nomination and election procedures for the election of committee members shall be in the manner provided for in the Body Corporate and Community Management (Standard Module) Regulation 1997.
(3) The Administrator must give at least two (2) weeks written notice inviting owners 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 and Standard Module, in particular Part 4 headed General Meetings and all other provisions relating to such meetings.
(5) The Administrator must not give the notice of meeting to owners earlier than twenty-one (21) days from the date of this order.

2y2n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0556-2005

"Calbrook Villas" CTS 24468

The applicant, Marguerite Stella Coles, the owner of lot 3, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote:

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

(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)).

Specifically, without limiting the power of an adjudicator to make an order under section 276(1), an adjudicator may make an order appointing an administrator, and authorising the administrator to perform obligations of the body corporate, its committee, or a member of the committee under the Act or community management statement.

Section 301 of the Act deals specifically with the appointment of an administrator, quote:

301 Appointment of administrator
(1) This section applies if an order is made under this chapter appointing an administrator.
(2) The administrator has the powers given to the administrator under the order.
(3) Without limiting subsection (2), the power may include power to levy a special contribution against the owners of lots included in a community titles scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.
(4) The order may--
(a) withdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120, or stated officers of the body corporate
until the administrator has taken the necessary action to secure compliance with the obligations; and
(b) require officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and
(c) fix the administrator’s remuneration.
(5) The administrator’s remuneration is to be paid out of the funds of the body corporate.
(6) This section does not apply to the enforcement of a monetary obligation of the body corporate arising under another Act unless it is an enforceable money order.

In the grounds the applicant states that previous AGM of the body corporate have been held, but that currently no financial statements and administrative and sinking fund budgets have been presented to owners. McKinnon Community Management Services were recently appointed as managers for the scheme. The applicant states –

There are three lots in the scheme. Both remaining owners in the scheme have consented to the appointment as proposed. In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold an annual general meeting, and further, that there is no reason before me why the requested appointment of an administrator should not be made. Rosetta G JorgensenUnit 1, 17 Oxford Street, Rockhampton Qld 4700xxxxxx2n

Number of Scheme:	24468
Name of Scheme:	Calbrook Villas
Address of Scheme:	85 Chestnet Street Wynnum Qld 4178

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Calbrook Villas [2005] QBCCMCmr 430 (5 August 2005)