32 Success [2005] QBCCMCmr 661 (25 November 2005)

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

I hereby order that –

(1) Candy Megan Lee of PO Box 3049, Sunnybank QLD 4109 is appointed Administrator to call, hold and chair an annual general meeting ("the meeting") of "32 Success" within one (1) month of the date of this order for the purpose of -

• the consideration of motions included on the agenda of the meeting; and
• the election of committee members.

(2) The Administrator shall hold appointment for the period beginning from the date of this order until the close of the meeting ordered to be held.
(3) The owners of all lots will be entitled to submit motions and their nomination for the committee to the Administrator for inclusion on the agenda of the notice of meeting, and provided the motions / nominations are received by the Administrator within ten (10) days of the date of this order, the motions / nominations will be including by the Administrator on the agenda of the meeting.

I further order that –

For the purpose of calling, holding and chairing the meeting, the Administrator shall have all the powers of the 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; or
• to incur any expenditure apart from that necessary for the calling and holding of the meeting, except in regard to expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

(1) The composition of the committee shall be in accordance with section 9 of the Body Corporate and Community Management (Standard Module) Regulation 1997 .
(2) The Administrator must not give notice of the meeting until ten (10) days after the date of this order, and shall give at least one (1) weeks' written notice of the meeting.

(3) The meeting shall be otherwise called and held as an annual general meeting in accordance with the Act, particularly sections 42 and 45 of the Standard Module, and all other provisions relating to meetings under Part 4 of the Standard Module.

I further order that, for the purpose of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0818-2005

"32 Success" CTS 4993

The applicant, Candy Megan Lee, the owner of lot 1, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that she be appointed an administrator for the purposes of calling the first AGM for 32 Success.

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

(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)). Specifically, without limiting the power of an adjudicator to make an order under section 276(1), an adjudicator may make an order –
... appointing an administrator, and authorising the administrator to perform--
(a) obligations of the body corporate, its committee, or a member of the committee under this Act or the community management statement; or
(b) obligations of the body corporate under another Act.

Section 301 of the Act, headed Appointment of Administrator provides –

301 Appointment of administrator
(1) This section applies if an order is made under this chapter appointing an administrator.
(2) The administrator has the powers given to the administrator under the order.
(3) Without limiting subsection (2), the power may include power to levy a special contribution against the owners of lots included in a community titles scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.
(4) The order may--
(a) withdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120, or stated officers of the body corporate
until the administrator has taken the necessary action to secure compliance with the obligations; and
(b) require officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and
(c) fix the administrator’s remuneration.
(5) The administrator’s remuneration is to be paid out of the funds of the body corporate.
(6) This section does not apply to the enforcement of a monetary obligation of the body corporate arising under another Act unless it is an enforceable money order.

A general meeting (which includes an annual general meeting) may be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions (see section 40(c) of the Standard Module). Moreover, the agenda for an annual general meeting must include the items set out in sections 45 of the Standard Module.

The scheme is a subdivision of 3 lots recorded under a building unit plan of subdivision. The regulation module applying to the scheme is the standard module.

The owners of lots 2 and 3 have consented in writing to the appointment of the administrator proposed in the application, and to the administrator being authorised to convene a general meeting.

In the circumstances, I am satisfied that the appointment is necessary to authorise a person to call and hold an annual general meeting. I have also made provision for future annual general meetings to be determined based on the date of the meeting ordered to be held.Rosetta G JorgensenUnit 1, 17 Oxford Street, Rockhampton Qld 4700xxxxxx2n

Number of Scheme:	4993
Name of Scheme:	32 Success
Address of Scheme:	32 Success Street ACACIA RIDGE QLD 4110

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

32 Success [2005] QBCCMCmr 661 (25 November 2005)