Redondo Quays [2007] QBCCMCmr 111 (27 February 2007)

Last Updated: 5 March 2007

REFERENCE: 1045-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17448
Name of Scheme:	Redondo Quays
Address of Scheme:	16 Redondo Avenue MIAMI QLD 4220

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

John and Kathleen Camenzind, the owners of Lot 1

I hereby order as follows – 1. that Wendy Steadman of Body Corporate Choice 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, Wendy Steadman 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 1045-2006

"Redondo Quays" CTS 17448

APPLICATION

This is an application dated 12 December 2006 by John and Kathleen Camenzind (the Applicants) as owners of Lot 1.

The Applicant seeks an order that Wendy Steadman of Body Corporate Choice be appointed to call, hold and conduct a general meeting of the Body Corporate which will be deemed to be the first annual general meeting of the Body Corporate.


JURISDICTION

"Redondo Quays" CTS 17448 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 five lots in the scheme created under a standard format 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

The Body Corporate for Redondo Quays Community Titles Scheme 17448 was registered in the Titles Office of the Department of Natural Resources and Mines on 10 February 1995.

Since the registration of the Body Corporate, no general meetings of the Body Corporate have been held.

In order to place the Body Corporate on a legal footing, a general meeting which is deemed to be the first annual general meeting needs to be held.

Both owners within the duplex have expressed their consent to the appointment of Wendy Steadman of Body Corporate Choice as administrator.

Ms Steadman has consented to be appointed by an adjudicator to hold this meeting. Ms Steadman’s written consent is attached to the application.

ORDER

I order that in the circumstances that Wendy Steadman 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.