Donard [2005] QBCCMCmr 600 (1 November 2005)

Last Updated: 16 January 2006

REFERENCE: 0624-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13030
Name of Scheme:	Donard
Address of Scheme:	8 Doris Street HILL END QLD 4101

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

Ms Christine Barker, an Owner(s) of lot 27

I hereby order that Ian Campbell of Brisbane – Bayside Body Corporate Management (appointee) is authorised to call, hold and chair an annual general meeting (meeting) of the body corporate for Donard. I further order that this authorisation: 1. Commences on the date of this order and ceases in three months from the date of this order. However, the authorisation will cease immediately upon the appointment of a committee for Donard if that occurs earlier; 2. Allows the appointee to perform obligations of the committee or any member of the committee in respect of the calling, holding and chairing of the meeting. However, expenditure incurred on behalf of the body corporate in calling and holding this meeting must be limited to expenditure on postage, stationary and telecommunication services to a maximum of $300; and 3. Is subject to the appointee, as far as practicable, following the procedures in the Standard Module governing giving notice for and holding an annual general meeting. In particular, a notice requesting nominations for committee positions and submission of motions for consideration at the meeting must give owners at least three weeks to submit their nominations and motions. However, the giving of notices and the holding of the general meeting need not coincide with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0624-2005

"Donard" CTS 13030

Application

Donard Community Titles Scheme (Donard) is a 34 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

The applicant says that an annual general meeting should have been held no later than 28 February 2005 but was never convened. It is submitted that no meeting has been held since that date and it is necessary to have an administrator call a meeting to set budgets and allow for the appointment of a committee. Christine Barker, an owner of lot 27 (applicant) seeks appointment of Ian Campbell of Brisbane – Bayside Body Corporate Management (appointee), to convene a general meeting.

Decision

The submissions indicate that the scheme is not currently operating in accordance with the legislation. The legislation provides for the election of a committee to represent owners and for the replacement of committee members upon vacancies arising (Act 98-100, Standard Module 9-25). Further, annual general meetings must be held within three months after the end of each of the scheme’s financial years (Standard Module, 60).

In this case the applicant is seeking an order authorising the appointee to call a meeting at which the affairs of the body corporate can be placed back on a proper legal footing. Submissions have been sought from all owners and no opposing submissions have been received.

I am satisfied that it is appropriate to grant an order authorising the appointee to call, hold and chair the meeting. The appointee is entitled to perform obligations of the committee or any committee member in this respect and those actions will be taken to be actions done by the committee or member (Act, 278). In calling this meeting, the appointee should follow the legislative procedures as far as practicable. However, owners should be given three weeks to submit nominations and motions and then the meeting should be called immediately rather than waiting for the end of financial year of the body corporate. Further, I will order that the appointee is entitled to the costs of any photocopying, postage and telecommunication services provided in calling the meeting.

The authorisation is limited to allowing the appointee to call the meeting within a three month period. The authorisation will also immediately cease as soon as owners have elected a committee as required by the legislation (Act, 98-101). If owners want the continuing assistance of Brisbane – Bayside Body Corporate Management throughout the year then a motion proposing appointment of that company to provide administrative assistance as body corporate manager will need to be put to the meeting and adopted by owners.

Alternatively, if insufficient owners are willing to serve on the committee, another meeting may need to be called at which owners can vote by secret ballot on whether to engage a body corporate manager to actually perform the functions of the committee instead of just providing administrative assistance (Standard Module, 37B).

Order

For these reasons, I make the order above.