View Place [2005] QBCCMCmr 58 (3 February 2005)

Last Updated: 5 July 2005

REFERENCE: 0034-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20435
Name of Scheme:	View Place
Address of Scheme:	26 Willmington Street WOOLOOWIN QLD 4030

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

Mr John Pope, an Owner(s) of lot 2

I hereby declare that John Pope, an owner of lot 2 (appointee) is authorised to call, hold and chair a general meeting of the body corporate provided that the meeting is held within three months of the date of this order. I further declare 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. In particular, the notice requesting nominations for committee positions and submission of motions for consideration at the meeting must give owners at least 3 weeks to submit their nominations and motions. However, the appointee is not required to co-ordinate the giving of notices and the holding of the general meeting with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0034-2005

"View Place" CTS 20435

Application

View Place Community Titles Scheme (View Place) is a 3 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

John Pope, an owner of lot 2 (applicant) has brought this application. It is submitted that the body corporate is not functioning and an order is sought to the effect that an annual general meeting be held to get the body corporate functioning according to legislative requirements.

A copy of this application has been sent to the owner of the other two lots in the scheme. One of these owners has provided a submission supporting the application and stating that she wants the meeting to go ahead. The other owner has provided a submission stating that they agree with John Pope’s application for the re-establishment of the body corporate on legal grounds but stating that she thinks this can only be established with the assistance of a professional body corporate manager.

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).

Given the body corporate has not been functioning in accordance with the legislation it is appropriate to appoint the applicant to call and hold a general meeting of the body corporate. It appears best that this meeting be held, as far as practicable, according to the procedures in the legislation for the holding of an annual general meeting. This will give all owners the opportunity to nominate for committee membership or to submit motions for consideration at the meeting.

I note that one of the owners would prefer a professional body corporate manager be appointed. However, she has not provided any details or likely costs of a preferred body corporate manager. In the circumstances, I consider it appropriate to make an order that will give John Pope the opportunity to call and hold an annual general meeting within three months. If John Pope requires the assistance of a professional body corporate manager then he can seek that assistance. Alternatively, it may be sufficient to obtain assistance from the information service provided by this office and contactable by telephone on 1800 060 119.

Further, if any of the owners wish to propose that a professional body corporate manager be appointed then they should approach their preferred body corporate manager and submit for the meeting a motion and relevant documentation that would allow owners to vote on whether to appoint that body corporate manager.

Order

For these reasons, I make the order above.