Malolo Manors [2006] QBCCMCmr 632 (1 December 2006)

Last Updated: 27 March 2007

REFERENCE: 0933-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15990
Name of Scheme:	Malolo Manors
Address of Scheme:	23 Martin Place KINGAROY QLD 4610

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

Kenneth Pointon , prospective administrator for the scheme, on behalf of the co-owners of
Lots 1, 2 and 3, Rodney David Smith and Kathleen Maree Smith

I hereby order as follows – 1. that Kenneth Pointon of Bribie Island Body Corporate Management Services shall be appointed as the Administrator for purposes limited to the convening of the first annual general meeting of the body corporate and attending to associated activities; 2. that the first annual general meeting shall be called and held within three months of the date of this order; 3. that the procedures in the Standard Module governing the holding of a first annual general meeting are to be followed; and 4. for the purpose of carrying out the obligations of the body corporate, Kenneth Pointon shall be granted all the powers, authority, duties and functions of the chairperson, secretary and treasurer of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0933-2006

"Malolo Manors" CTS 15990

APPLICATION

This is an application dated 2^nd November 2006 by Kenneth Pointon (the Applicant) of Bribie Island Body Corporate Management Services, acting on behalf of Rodney David Smith and Kathleen Maree Smith, who jointly own Lots 1, 2 and 3 in the scheme

The Applicant seeks an order that he be appointed as an administrator for the sole purpose of convening the first annual general meeting for the scheme.


JURISDICTION

"Malolo Manors" CTS 15990 is a community titles scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module). There are three lots in the scheme created under a Building Unit Plan of subdivision.

Section 62(4) of the Standard Module allows an adjudicator to make an order appointing a person to call the first annual general meeting within a stated time, if the original owner fails to call and hold the first annual general meeting.


SUBMISSIONS

Kenneth Pointon advises that he is willing to be appointed as an administrator for the purposes of convening the first annual general meeting. Rodney and Kathleen Smith confirm that they wish the Applicant to "reactivate the body corporate" for them, as no records have been established and no meetings have been held since the scheme was created.


ORDER

I order that in the circumstances the Applicant Kenneth Pointon is appointed as an administrator limited to the convening of the first annual general meeting and attending to associated activities. The first annual general meeting must be called and held within three months of the date of this order.