Walton Court [2005] QBCCMCmr 486 (30 August 2005)

Last Updated: 30 September 2005

REFERENCE: 0574-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6304
Name of Scheme:	Walton Court
Address of Scheme:	26 Lather Street, SOUTHPORT QLD 4215

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

L & M Walton, the Owners of various lots in the scheme

I hereby order that Body Corporate Services Pty. Ltd. is to be appointed administrator to call, hold, and chair a general meeting of the Walton Court Body Corporate within 2 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting. I further order that nominations and motions must be received by the administrator within 14 days from the date of this order and the administrator must not give notice of the meeting until after the expiration of 14 days from the date of this order. I further order that 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 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- • To further delegate any of those powers to another person; and • 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).

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0574-2005

"Walton Court" CTS 6304

APPLICATION

The applicants, Mr & Mrs Walton are co-owners of various lots and are seeking an order that Body Corporate Services Pty. Ltd. be appointed to convene an annual general meeting for the scheme. Each of the lot owners in this scheme have consented to this application.

THE SCHEME

The scheme "Walton Court" was registered as a building units plan (now termed a building format plan) on 8 February 1989, and comprises seven lots. It is regulated by the Body Corporate and Community Management Act 1997 (Act) and the Standard Module Regulation (Standard Module).

JURISDICTION:

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 have advised that over the last two years, certain legislative requirements, including holding of annual general meetings, have not been attended to. In order to properly re-establish the management of the body corporate, the applicants have nominated Body Corporate Services Pty. Ltd. to be appointed as Administrator to convene an annual general meeting for the scheme. The meeting will allow the body corporate to determine matters in accordance with the legislation.

The applicants originally nominated 29 August 2005 as the date for the AGM for this scheme. However in response to subsequent inquiries by this Office, the applicants advised that neither nominations for committee membership nor motions for inclusion on the agenda had been sought. Further, this Office only received the relevant documents including the consent to act as administrator on 25 August.

ORDER

Body Corporate Services Pty. Ltd. is be appointed administrator to call, hold, and chair a general meeting of the Walton Court Body Corporate in accordance with this order and within 2 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting.

Nominations and motions must be received by the administrator within 14 days from the date of this order, and the administrator must not give notice of the meeting until after the expiration of 14 days from the date of this order.

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.

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-

• To further delegate any of those powers to another person; and
• 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).