Triplex Warehouse [2005] QBCCMCmr 459 (16 August 2005)

Last Updated: 30 September 2005

REFERENCE: 0524-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18724
Name of Scheme:	Triplex Warehouse
Address of Scheme:	74 Leyland Street GARBUTT QLD 4814

TAKE NOTICE that pursuant to an application made under the abovementioned Act by HPM Superannuation Pty Limited, the owner of Lots 2 and 3

I hereby order that: 1. Seimon Griffiths of Northern Body Corporate Management, PO Box 1595 Thuringowa Central is appointed as Administrator to call, hold, and chair a general meeting (the meeting) of the "Triplex Warehouse" Body Corporate in accordance with this order and within 3 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting and deciding committee member positions. 2. The Administrator shall hold the appointment for the period beginning on the date of this order, until the close of the meeting ordered to be held. I further order that for the purposes of the Body Corporate and Community Management Act 1997 (Act), the meeting shall be deemed to be the First Annual General Meeting of the Body Corporate. I further order that for the purposes of calling and chairing the meeting, the Administrator shall have all the powers of chairperson, secretary and treasurer of the Body Corporate and of the committee, with the exception of the following powers- 1. To further delegate any of those powers to another person; and 2. To incur any expenditure apart from that reasonably necessary for the calling and holding of the meeting, and apart from expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module). I further order that the agenda for the meeting must include the items specified in section 62(3) of the Standard Module, and may also include any other motion properly submitted. I further order that: 1. The Administrator must give at least seven (7) days written notice of the meeting. 2. The meeting shall be otherwise called and held in accordance with the Act and the Standard Module, particularly the provisions relating to General Meetings under Part 4 of the Standard Module. I further order that for the purposes of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0524-2005

"Triplex Warehouse" CTS 18724

APPLICATION

This application is by HPM Superannuation Pty Limited, the owner of Lots 2 and 3 (applicant) seeking an order that Seimon Griffiths of Northern Body Corporate Management be appointed to convene the first annual general meeting for the community titles scheme.

The applicant has stated that an order is necessary to properly establish the management of the body corporate.

JURISDICTION

"Triplex Warehouse" Community Titles Scheme 18724 is a 3 lot scheme under the Body Corporate and Community Management Act 1997 (Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module).

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)).

DETERMINATION

There are three lots in the scheme. The applicant owns two lots with Lot 1 being owned by Thomas and Aileen Thomas. The solicitor for the applicant has submitted that the body corporate was not properly set up or maintained for almost 20 years and that the application seeks to rectify the non-compliance with the Act. The applicant has nominated Seimon Griffiths of Northern Body Corporate Management. By letter dated 26 July 2005, Seimon Griffiths accepted the applicant’s nomination. By letter dated 11 August 2005, the owner of Lot 1 agreed to this application.

The owners of the lots in the scheme have submitted that they wish to properly establish the body corporate’s administration. In the circumstances, I am satisfied that an order should be made for the appointment of Seimon Griffiths of Northern Body Corporate Management to convene a meeting to establish and enable the body corporate to administer itself in accordance with the legislation. I have therefore ordered that a meeting be held which shall be deemed to be the First Annual General Meeting. The meeting will allow the body corporate to determine matters in accordance with the legislation.