Beeston Manors [2006] QBCCMCmr 41 (2 February 2006)

Last Updated: 19 December 2006

REFERENCE: 0044-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26081
Name of Scheme:	Beeston Manors
Address of Scheme:	19 Beeston Street NEWSTEAD QLD 4006

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

Laura Beckett, the owner of all lots in the scheme

I hereby order that - 1. Barard Management Pty Ltd of Level 1, 67 High Street, Toowong QLD is appointed as administrator to call, hold and chair a general meeting ("the meeting") of "Beeston Manors" within one (1) month of the date of this order. 2. For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of chairperson, secretary and treasurer of the body corporate, and of the committee, with the exception of the following powers - • To further delegate any of these powers to another person; or • To incur expenditure apart from that necessary for the calling and holding of the meeting. 3. The administrator shall hold the appointment for the period beginning from the date of this order until the close of the meeting ordered. Under section 42(4) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the "Standard Module") no notice of meeting need be given. 2. The meeting must consider and determine the matters set out in section 62(3) of the Standard Module. 3. The meeting may consider any other motion before it. I further order that the meeting shall be deemed to be the first annual general meeting of the scheme.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0044-2006

"Beeston Manors" CTS 26081

The applicant, Laura Beckett, the owner of all lots in the scheme has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote:

That Richard John Holmes of Barard Management Pty Ltd be appointed to convene, hold and chair a general meeting of the body corporate and that this general meeting be deemed to be the first AGM of the body corporate.

Section 276(1) provides that an adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act or the community management statement. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)).

Specifically, an adjudicator may order the body corporate to call a general meeting of its members to deal with stated business or to change the date of an annual general meeting (see Schedule 5 Adjudicator’s Orders) or alternatively, the adjudicator may order the appointment of an administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under this Act or the community management statement.

The administrator has the powers given to the administrator under the order (section 248(2)). Section 301(4) provides that the order may –

a) withdraw all or particular stated powers from the body corporate (and any delegate of the body corporate) or from stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and
b) require officers or delegates of the body corporate to take stated action to help perform the work the administrator is required to perform; and
c) fix the administrator’s remuneration.

An order appointing an adjudicator may be the only order the adjudicator makes for an application (section 276(4)(a)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

The Body Corporate and Community Management Act (Standard Module) (the Standard Module) section 60 provides that an annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the scheme’s financial years. 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(2) and (3) of the Standard Module.

Specifically, I have not ordered that an election of the committee be held at the meeting, since given the current number of owners, the provisions of section 11 of the Standard Module apply and an election of committee members is not required since the single is deemed by that provision to be the committee of the body corporate.

In the supporting grounds, the applicant states that -

The body corporate ... has not held any AGM’s for a number of years as all lots have been owned by the applicant. ... a general meeting needs to be held so that a committee can be appointed and levies raised to pay for the expenses of the body corporate. ...

As the applicant is the sole owner of all of the lots, notice of the ordered meeting may be dispensed with under the provisions of section 42(4) of the Standard Module. However the matters contained in section 62(3) need to be considered and the meeting decisions minutes.

In the circumstances, I am satisfied that an order should be made in terms authorised by section 62(4) of the Standard Module. The appointment is necessary to authorise a person to call and hold the first annual general meeting of the scheme, and thereafter allow it to administer itself in accordance with the legislation.
Michael Tozer35 Dalton Drive, Maroochydore, QLDone (1) n