Takapa [2007] QBCCMCmr 316 (25 May 2007)

Last Updated: 29 June 2007

REFERENCE: 0459-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10635
Name of Scheme:	Takapa
Address of Scheme:	54 Avocet Parade PEREGIAN BEACH QLD 4573

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

The Body Corporate for Takapa Community Titles Scheme

I hereby order that Ms Kathryn Hunter-Smith of BUGT Small Schemes Body Corporate Management is appointed as Administrator to call, hold, and chair an annual general meeting of the Takapa Body Corporate. 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 42(1), (2) and (3) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module) and except as provided in this order, the meeting must be called and held in accordance with the Act and the Standard Module. I further order 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. 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 62(3) of the Standard Module and a motion for the appointment of a body corporate manager.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0459-2007

"Takapa" CTS 10635

APPLICATION

Takapa is a subdivision of 3 lots on a building format plan. The regulation module applying to the scheme is the Body Corporate and Community Management (Standard Module) Regulation (Standard Module).

The applicant is seeking orders that Ms Kathryn Hunter-Smith of BUGT Small Schemes Body Corporate Management be appointed as Administrator to call an annual general meeting of the scheme and that the financial year end date be set at last day of the month immediately preceding the month in which the anniversary of the meeting authorised by this order falls.

BACKGROUND

The applicant states that while available body corporate records show that Annual General Meetings have been held each year since 1981, it is probable that numerous statutory requirements have not been met. At the Annual General Meeting convened on 15 October 2006, it was resolved that an order be sought to appoint Ms Kathryn Hunter-Smith of BUGT Small Schemes Body Corporate Management to call an annual general meeting of the scheme.

Attached to the application is a letter from Ms Kathryn Hunter-Smith of BUGT Small Schemes Body Corporate Management 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)).




Section 60 of the Body Corporate and Community Management (Standard 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. Moreover, the agenda for an annual general meeting must include the items set out in section 42 of the Standard Module.

DETERMINATION

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

1. That Ms Kathryn Hunter-Smith of BUGT Small Schemes Body Corporate Management is appointed as Administrator to call, hold, and chair an annual general meeting of the Takapa Body Corporate. 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 42(1), (2) and (3) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module) and except as provided in this order, the meeting must be called
and held in accordance with the Act and the Standard 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 Standard Module and a motion for the appointment of a body corporate manager.