33 Central Park [2006] QBCCMCmr 464 (24 August 2006)

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

I hereby order that Kathryn Hunter-Smith of BUGT Small Schemes body corporate management (appointee) is authorised to call, hold and chair an annual general meeting (meeting) of the body corporate for 33 Central Park.

I further order that this authorisation:

1. Commences on the date of this order and ceases in three months from the date of this order. However, the authorisation will cease immediately upon the appointment of a committee for 33 Central Park if that occurs earlier;
2. Allows the appointee to perform obligations of the committee or any member of the committee in respect of the calling, holding and chairing of the meeting; and
3. Is subject to the appointee, as far as practicable, following the procedures in the Commercial Module governing giving notice for and holding an annual general meeting.

I further order that for the purposes of the Body Corporate and Community Management Act 1997 (Act) and pursuant to section 283 of the Act, the next financial year end date of the body corporate for 33 Central Park Community Titles Scheme shall be 31 October 2006, in place of the previous financial year end date and each successive financial year for the body corporate for 33 Central Park will commence on 1 November and terminate on 31 October.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0452-2006

"33 Central Park" CTS 34053

33 Central Park Community Titles Scheme (33 Central Park) is a 4 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Commercial Module Regulation (Commercial Module).

All owners have signed an application seeking an order authorising BUGT Small Schemes to convene a general meeting and seeking to set the financial year end as corresponding with the end of the month immediately preceding the meeting. Kathryn Hunter-Smith of BUGT Small Schemes (appointee) has signed a letter providing consent to the appointment.

The submissions indicate that the scheme is not currently operating in accordance with the legislation. The legislation provides for the election of a committee to represent owners and for the replacement of committee members upon vacancies arising (Act 98-100, Commercial Module 10-14). Further, annual general meetings must be held within three months after the end of each of the scheme’s financial years (Commercial Module, 46).

In this case the body corporate is seeking an order authorising the appointee to call a meeting at which the affairs of the body corporate can be placed back on a proper legal footing.

I am satisfied that it is appropriate to grant an order authorising the appointee to call, hold and chair the meeting. The appointee is entitled to perform obligations of the committee or any committee member in this respect and those actions will be taken to be actions done by the committee or member (Act, 278). In calling this meeting, the appointee should follow the legislative procedures as far as practicable.

The authorisation is limited to allowing the appointee to call the meeting within a three month period. The authorisation will also immediately cease as soon as owners have elected a committee as required by the legislation (Act, 98-101). If owners want the continuing assistance of BUGT Small Schemes throughout the year then a motion proposing appointment of that company to provide administrative assistance as body corporate manager will need to be put to the meeting and adopted by owners.

Section 283 of the Act provides that, with the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when future financial years begin.

Owners have sought that the financial year be declared as ending on the last day of the month immediately preceding the anniversary of the meeting. Under the authorisation granted it would be expected that the annual general meeting will be held by November this year. In the circumstances, I am satisfied that the body corporate has consented to the declaration of the financial year as ending on 31 October, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to this date. I have ordered accordingly.FIN YEARn31 March 20031 April 200331 Marchcon

Number of Scheme:	34053
Name of Scheme:	33 Central Park
Address of Scheme:	QUEENSLAND

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

33 Central Park [2006] QBCCMCmr 464 (24 August 2006)