Bedford Road [2007] QBCCMCmr 3 (3 January 2007)

Last Updated: 12 March 2007

REFERENCE: 0007-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33812
Name of Scheme:	Bedford Road
Address of Scheme:	Mackay, QUEENSLAND

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

Irene Vassilokos Properties Pty Ltd & Firehose Pty Ltd, the Owners of lots 1 & 2

I hereby order that Ms Maxine Romagnolo is appointed as Administrator to call, hold, and chair an annual general meeting of the Bedford Road Body Corporate within 3 months from the date of this order. The Administrator shall hold the appointment for the period beginning on the date of this order until the close of the meeting ordered to be held. I further order that the Administrator shall issue a notice of the meeting in accordance with sections 31(1), (2) and (3) of the Body Corporate and Community Management (Commercial Module) Regulation 1997 (the Commercial Module) and except as provided in this order, the meeting must be called and held in accordance with the Act and the Commercial Module. I further order that for the purposes of calling and chairing the meeting, the Administrator shall have all the powers of chairperson, secretary and treasurer of the Body Corporate and of the committee, with the exception of the following powers- To further delegate any of those powers to another person; and To incur any expenditure other than that reasonably necessary for the calling and holding of the meeting, and expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation. I further order that the Administrator shall prepare an agenda for the meeting, including the matters set out in section 48(3) of the Commercial Module.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0007-2007

"Bedford Road" CTS 33812

BACKGROUND

Bedford Road is a subdivision of 2 lots on a Building Unit Plan (now referred to as a Building format plan). The regulation module applying to the scheme is the Body Corporate and Community Management (Commercial Module) Regulation (Commercial Module).

The applicants are seeking the following orders:-

1. an order to appoint Maxine Jane Romagnolo as Administrator for the purposes of calling an Annual General Meeting of the body corporate; and
2. an order to determine the body corporate financial year.

The applicants state that any body corporate records which may have existed have been either lost, misplaced or destroyed. No committee has been appointed and no Annual General Meeting has ever been held as required by section 104 of the Act.

Both lot owners seek a declaratory order to appoint Ms.Maxine Romagnolo as Administrator to call an annual general meeting of the scheme. Attached to the application is a letter from Ms.Maxine Romagnolo consenting to appointment by an order of the Commissioner to convene an Annual General Meeting.

JURISDICTION

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about-
(a) a claimed or anticipated contravention of the Act or the community management statement; or
(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or
(c) a claimed or anticipated contractual matter about-
(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or
(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Specifically, an adjudicator may order the body corporate to call a general meeting of its members to deal with stated business or to change the date of an annual general meeting (see Schedule 5 Adjudicator’s Orders) or alternatively, the adjudicator may order the appointment of an
administrator, and authorise the administrator to perform obligations of the body corporate, its committee, or a member of its committee under this Act or the community management statement.

The administrator has the powers given to the administrator under the order (section 248(2)).

An order appointing an administrator may be the only order the adjudicator makes for an application (section 276(4) (a)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

The Body Corporate and Community Management (Commercial Module) Regulation provides that an annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the scheme’s financial years. A general meeting (which
includes an annual general meeting) may be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions. The agenda for the first annual general meeting must include the items set out in section 48(3) of the Commercial Module and for subsequent AGM’s, the agenda must include the items set out in section 34 of the Commercial Module.
DETERMINATION

Having regard to the above, at this point in time I propose to make the following orders:

1. That Ms.Maxine Romagnolo be appointed as Administrator to call, hold, and chair an annual general meeting of the Bedford Road Body Corporate within 3 months from the date of this order. The Administrator shall hold the appointment for the period beginning on the date of this order until the close of the meeting ordered to be held.

2. That the Administrator shall issue a notice of the meeting in accordance with sections 31(1), (2) and (3) of the Body Corporate and Community Management (Commercial Module) Regulation 1997 (the Commercial Module) and except as provided in this order, the meeting must be called
and held in accordance with the Act and the Commercial Module.

3. That for the purposes of determining the future financial years of the Body Corporate, the end of the financial year shall be the last day of the month immediately preceding the month in which the anniversary of the meeting authorised by this order falls.

4. That for the purposes of calling and chairing the meeting, the Administrator shall have all the powers of chairperson, secretary and treasurer of the Body Corporate and of the committee, with the exception of the following powers-

• To further delegate any of those powers to another person; and
• To incur any expenditure other than that reasonably necessary for the calling and holding of the meeting; and expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

5. That the Administrator shall prepare an agenda for the meeting, including the matters set out in section 62(3) of the Commercial Module and a motion for the appointment of a body corporate manager.