Macquarie Teneriffe [2005] QBCCMCmr 474 (24 August 2005)

Last Updated: 30 September 2005

REFERENCE: 0606-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27746
Name of Scheme:	Macquarie Teneriffe
Address of Scheme:	QUEENSLAND

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Frederick and Jeanette Banks, the co-owners of Lots 1 to 14

I hereby order that: 1. Frederick William Banks c/- Banks Lawyers, 3/555 Brunswick Street New Farm is appointed as Administrator to call, hold, and chair a general meeting (the meeting) of the "Macquarie Teneriffe" 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. 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 the meeting shall be called and held in accordance with the Act and 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 0606-2005

"Macquarie Teneriffe" CTS 27746

APPLICATION

This application is by Frederick and Jeanette Banks, the co-owners of Lots 1 to 14 (applicants) seeking an order that Frederick Banks be appointed to convene the first annual general meeting for the community titles scheme.

JURISDICTION

"Macquarie Teneriffe" Community Titles Scheme 27746 is a 14 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

The applicants are the co-owners of the 14 lots in the scheme. The applicants have submitted that the legislative procedures have not been attended to while they have owned the lots. The applicants have stated that an order is necessary to properly establish the management of the body corporate. The applicants have nominated Frederick Banks to be appointed to call and hold the First Annual General Meeting of the body corporate.

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 Frederick Banks to convene the First Annual Meeting to enable the body corporate to administer itself in accordance with the legislation. The meeting will allow the body corporate to determine matters in accordance with the legislation.