Telford Court No. 1 [2005] QBCCMCmr 82 (14 February 2005)

Last Updated: 5 July 2005

REFERENCE: 0105-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18160
Name of Scheme:	Telford Court No. 1
Address of Scheme:	13 Faust Street, PROSERPINE QLD 4800

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

Ms Diane Burrows & Mr Trevor Yuskan, the Owner(s) of lots 1-4

I hereby declare that Trevor Yuskan and Diane Burrows, the owners of all lots in Telford Court No. 1 (appointees) are jointly authorised to, within three months of the date of this order, prepare budgets for the scheme and call, hold and chair a general meeting. I further order that: 1. The procedures in the Standard Module governing giving notice for and holding a first annual general meeting are to be followed as far as practicable; and 2. For the purpose of carrying out the obligations of the body corporate, the appointees are granted all the powers, authorities, duties and functions of the chairperson, secretary and treasurer of the body corporate, with the exception of a power to delegate those powers, authorities, duties and functions to another.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0105-2005

"Telford Court No. 1" CTS 18160

Application

Telford Court No. 1 Community Titles Scheme (Telford Court) is a 4 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Trevor Yuskan and Diane Burrows (applicants) each co-own all lots in the scheme and have brought this application jointly. The applicants submit that the body corporate has never held a general meeting and request authority to call a general meeting and place the body corporate on a proper legal footing.

Decision

I am satisfied that it is appropriate to authorise the applicants to prepare budgets and hold a general meeting of the body corporate to place the scheme on a proper legal foundation. The procedures in the Standard Module governing the holding of a first annual general meeting should be complied with as far as is practicable.

Order

For these reasons, I make the order above.