Tan Court [2005] QBCCMCmr 621 (8 November 2005)

Last Updated: 16 January 2006

REFERENCE: 0762-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21287
Name of Scheme:	Tan Court
Address of Scheme:	28 Haig Street Coorparoo Qld 4151

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

Michael McCarthy & William Wilson, the joint owners of all lots within the scheme

I hereby order that Michael McCarthy and William Wilson, joint owners of all lots within the scheme (applicants) may jointly call, hold and chair a general meeting of the body corporate, or jointly authorise William Wilson 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 0762-2005

"Tan Court" CTS 21287

Application

Tan Court Community Titles Scheme (Tan Court) is a 5 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Michael McCarthy and William Wilson, joint owners of all lots within the scheme (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).

The applicants are the joint owners of all lots in the scheme. Therefore, the committee will automatically be constituted of the applicants or their nominee (Standard Module, 11). Until ownership changes, it will be the responsibility of the applicants or their nominee 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 William Wilson should be appointed to convene an annual general meeting. Alternatively, the applicants may wish to jointly convene the meeting. 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 William Wilson 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.