Villa Lovero [2006] QBCCMCmr 455 (17 August 2006)

Last Updated: 19 December 2006

REFERENCE: 0642-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18107
Name of Scheme:	Villa Lovero
Address of Scheme:	14 Welsh Street, ROSSLEA QLD 4812

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Michael Tanner, the owner of Lots 1, 2, 3, 4 and 5.

I hereby order that: 1. Maxine Jane Romagnolo of c/- 15 Sturt Street Townsville, is appointed as Administrator to call, hold and chair a general meeting (the meeting) of the "Villa Lovero" Body Corporate in accordance with this order and within 3 months of the date of this order. 2. The Administrator shall hold the appointment for the period beginning on the date of this order, until the close of the meeting ordered to be held. I further order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act), the meeting shall be deemed to be the First Annual General Meeting of the Body Corporate. I further order that for the purposes of calling 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- 1. To further delegate any of those powers to another person; and 2. To incur any expenditure apart from that reasonably necessary for the calling and holding of the meeting, and apart from expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module). I further order that the agenda for the meeting must include the items specified in section 62(3) of the Standard Module, and may also include any other motion properly submitted. I further order that the meeting shall be called and held in accordance with the Act and the Standard Module. I further order that for the purposes 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 0642-2006

"Villa Lovero" CTS 18107

Application

The applicant, Mr Michael Tanner, the owner of Lots 1, 2, 3, 4 and 5 has sought an order that Maxine Jane Romagnolo be appointed as an administrator for the purposes of calling an Annual General Meeting of the Body Corporate; and an order to determine the new body corporate year.

Jurisdiction

"Villa Lovero" Community Titles Scheme 18107 is a 5 lot scheme under the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module).

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 claimed or anticipated contravention of the Act or the community management statement; or the exercise of rights or powers, or the performance of duties, under 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 (s276(2), Act). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1), Act).

If an order is made appointing an administrator, the administrator has the powers given to the administrator under the order (s301(2), Act). If an adjudicator appoints an administrator to perform obligations of the body corporate, the committee or a member of the committee, anything done by the administrator under the authority given under the order is taken to be done by the body corporate, committee or committee member (s278, Act).

Determination

Section 62 of the Standard Module provides that the original owner must call and hold the first annual general meeting of the body corporate within one month after the first of the following happening; either more than 50% of the lots included in the scheme are no longer in the ownership of the original owner, or 6 months elapsing after the establishment of the scheme. Moreover, the agenda for the meeting must include the items set out in section 62(3) of the Standard Module. If the original owner does not call and hold the first annual general meeting as required by the section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time (section 62(4), Standard Module).

The applicant is seeking the above orders as the body corporate records have been lost, misplaced or destroyed and as a result, no body corporate committee has ever been appointed. The applicant also advises that the body corporate has never held an annual general meeting. The applicant requires an order appointing an administrator to determine the financial year for the body corporate and call an annual general meeting. Maxine Jane Romagnolo has given her consent to being appointed as an administrator as evidenced by the letter attached to the application.

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 allow it to thereafter proceed on a proper legal basis.