Cannington Court Garden Villas [2005] QBCCMCmr 731 (19 January 2005)

Last Updated: 13 July 2007

REFERENCE: 0656-2004A

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	7132
Name of Scheme:	Cannington Court Garden Villas
Address of Scheme:	24 Cannington Place HELENSVALE QLD 4212

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

Mr Weston & Mr B Tworek, the Owner(s) of lots 15 and 10 respectively

I hereby order that the time for the calling and holding of the committee meeting pursuant to interim order 0656-2004 made on 24 December 2004 is extended from 24 January 2005 to 28 January 2005. I further order that interim order 0656-2004 made on 24 December 2004 continues to have effect in all respects except as varied by this order.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0656-2004A

"Cannington Court Garden Villas" CTS 7132

Interim Application

Cannington Court Garden Villas Community Titles Scheme (Cannington Court) is a 24 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

On 24 December 2004 I issued an interim order in relation to an application by Boris Tworek and Neil Weston, the owners of lots 10 and 15 respectively (applicants) seeking orders against the body corporate for Cannington Court (respondent). These orders included an order that Boris Tworek call a committee meeting at which the committee was to, among other things, make reasonable endeavours to prepare budgets and specify alternatives for maintaining the foundation structures of all villas in a sound condition.

Request for extension

Boris Tworek complied with the interim order by instructing the body corporate manager to call the committee meeting for 21 January 2004. However, the body corporate manager contacted this office requesting an extension as proper notice of the committee meeting had not been sent on time due to the treasurer being in hospital and not completing the photocopying on time.

The body corporate manager has said that all the documents are now prepared and can be sent to owners in time for a committee meeting on 28 January 2005. Boris Tworek has since contacted this office and confirmed that he has spoken with the body corporate manager and agreed that the committee meeting should be held on 28 January 2005.

I am satisfied that it is appropriate to grant a short extension to allow for the committee meeting to be held on 28 January 2005 (Act, 279(2)).

Order

For these reasons, I make the supplementary interim order above.