Jeray Lodge [2005] QBCCMCmr 497 (2 September 2005)

Last Updated: 19 July 2006

REFERENCE: 0628-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	22284
Name of Scheme:	Jeray Lodge
Address of Scheme:	15 Mawarra Street PALM BEACH QLD 4221

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

Mr Norman Rogers & Ms Dorothy Lewis, the respective Owner(s) of each lot in the scheme

I hereby declare that Dorothy Lewis, owner of lot 1 and Norman Rogers, owner of lot 2, (applicants) may jointly call, hold and chair a general meeting of the body corporate, or jointly authorise the son of the owner of lot 2 to do so, provided that the meeting is held within three months of the date of this order. I further order that the procedures in the Standard Module governing giving notice for and holding an annual general meeting are to be followed as far as practicable. However, the giving of notices and the holding of the general meeting need not be co-ordinated with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0628-2005

"Jeray Lodge" CTS 22284

Application

Jeray Lodge Community Titles Scheme (Jeray Lodge) is a 2 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Dorothy Lewis, owner of lot 1 and Norman Rogers, owner of lot 2, (applicants) have jointly made this application seeking the convening of a body corporate meeting. It is submitted that there has not been an annual general meeting for a number of years.

Decision

It is apparent that the scheme is not currently operating in accordance with the legislation. Specifically, the legislation requires annual meetings at which budgets will be adopted that contain an estimate of spending from the administrative fund for the upcoming financial year and an estimate of spending from the sinking fund over a ten year period (Standard Module, 94). Further, annual general meetings must be held within 3 months after the end of each of the scheme’s financial years (Standard Module, 60).

Jeray Lodge only contains two lots. Therefore, the committee will automatically consist of both owners (or nominees of both owners). These persons must decide between themselves who is to hold the positions of chairperson, secretary and treasurer or can hold those positions jointly (Standard Module, 11). It will be the responsibility of both owners acting as a committee to prepare for and authorise the calling of future annual general meetings within three months of the end of each financial year of the body corporate (Standard Module 40, 60).

In this instance, it is submitted that the applicants have not held an annual general meeting for a number of years and seek authorisation for the son of one of the applicants to convene the meeting. Alternatively, the applicants may wish to jointly convene the meeting themselves. The information service provided by this office can be contacted by telephone on 1800 060 119 if assistance is required.

I will grant an order that will allow the applicants to immediately call a general meeting following the procedures for an annual general meeting and allow the applicants to call the meeting themselves or jointly authorise the son of the owner of lot 2 to call the meeting. Any meeting held pursuant to this order should be held within three months of the date of this order.

Order

For these reasons, I make the order above.