Westside Place [2006] QBCCMCmr 657 (13 December 2006)

Last Updated: 27 March 2007

REFERENCE: 1013-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	32345
Name of Scheme:	Westside Place
Address of Scheme:	3 Henry Street WYNNUM QUEENSLAND 4178

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

the body corporate

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (Act) and pursuant to section 283 of the Act, the financial year of the body corporate for Westside Place Community Titles Scheme (Westside Place) shall commence on 1 December and terminate on 30 November. I further order that Robyn Wellner of Abbey Body Corporate Management (appointee) is authorised to convene a general meeting of the body corporate for Westside Place Community Titles Scheme within three months of the date of this order. I further order that: 1. The procedures in the Small Schemes 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 appointee is granted all the powers, authorities, duties and functions of the secretary and treasurer of the body corporate except for any power to delegate those powers, authorities, duties or functions.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1013-2006

"Westside Place" CTS 32345

Application

Westside Place Community Titles Scheme (Westside Place) is a 2 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Small Schemes Module Regulation (Small Schemes).

James and Maria-Virginia Lamb jointly own both lots in the scheme. An order is being sought to authorise Robyn Wellner of Abbey Body Corporate Management to convene the first annual general meeting of the body corporate. An order is also sought to declare the financial year to run from December to November.

Decision

I am satisfied that it is appropriate to authorise Robyn Wellner of Abbey Body Corporate Management to convene a general meeting of the body corporate to place the scheme on a proper legal foundation. The procedures in the Small Schemes Module governing the holding of a first annual general meeting should be complied with as far as is practicable.

Further, 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 (Act, 283). I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year by the consent of all owners as part of this application, and further that it is reasonable and appropriate to make an order that the body corporate’s financial year run from December to November.

Order

For these reasons, I make the order above.