11 Waratah [2007] QBCCMCmr 270 (11 May 2007)

Last Updated: 22 May 2007

REFERENCE: 0404-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3361
Name of Scheme:	11 Waratah
Address of Scheme:	11 Waratah Avenue BIGGERA WATERS QUEENSLAND 4216

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

Mary Cronin, the Owner(s) of lot 1

I hereby order that James Cronin, representative of Mary Cronin, owner of lot 1 (applicant) is authorised to call, hold and chair a general meeting of the body corporate, provided that the meeting is held within three months of the date of this order. I further order that the procedures in the Standard Module governing giving notice for and holding an annual general meeting are to be followed as far as practicable. However, the giving of notices and the holding of the general meeting need not be co-ordinated with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0404-2007

"11 Waratah" CTS 3361

Application

11 Waratah Community Titles Scheme (Waratah) is a 2 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Elizabeth Cronin and Maja Primozic, owners of lots 1 and 2 respectively have both signed a document indicating a desire to have the body corporate affairs placed on a proper legal footing. The present application by Elizabeth Cronin seeks an order to authorise James Cronin to convene a meeting of the body corporate.

Decision

It is apparent that the scheme is not currently operating in accordance with the legislation. Specifically, the legislation requires annual meetings at which budgets will be adopted that contain an estimate of spending from the administrative fund for the upcoming financial year and an estimate of spending from the sinking fund over a ten year period (Standard Module, 94). Further, annual general meetings must be held within 3 months after the end of each of the scheme’s financial years (Standard Module, 60).

Waratah only contains two lots. Therefore, the committee will automatically consist of both owners (or nominees of both owners). These persons must decide between themselves who is to hold the positions of chairperson, secretary and treasurer or can hold those positions jointly (Standard Module, 11). It will be the responsibility of both owners acting as a committee to prepare for and authorise the calling of future annual general meetings within three months of the end of each financial year of the body corporate (Standard Module 40, 60).

In this instance, it is submitted that the body corporate is not functioning correctly and authorisation is sought for James Cronin to convene a meeting.

I will grant an order that will allow James Cronin to immediately call a general meeting following the procedures for an annual general meeting. The information service provided by this office can be contacted by telephone on 1800 060 119 if assistance is required. Any meeting held pursuant to this order should be held within three months of the date of this order.

Order

For these reasons, I make the order above.