Villa Bordon [2007] QBCCMCmr 327 (30 May 2007)

Last Updated: 4 July 2007

REFERENCE: 0476-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	5057
Name of Scheme:	Villa Bordon
Address of Scheme:	108 Leckie Road KEDRON QLD 4031

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

Angelo Cavazza and Maria Cavazza, the co-owners of all lots

I hereby order that Trevor Matthews of R. Matthews and Son Pty Ltd is appointed as administrator to call, hold and chair a general meeting (the meeting) of the body corporate for Villa Bordon CTS 5057 in accordance with this order and within 3 months of the date of this order. I further order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act), the meeting shall be deemed to be the First Annual General Meeting of the body corporate. I further order that 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 and 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: 1. To delegate any of those powers to another person; and 2. To incur any expenditure apart from that reasonably necessary for the calling and holding of the meeting, and apart from expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module). I further order that the meeting shall be called and held in accordance with the Act and the Standard Module, and that the agenda for the meeting must include the items stated in section 62(3) of the Standard Module and may also include any other motion properly submitted. I further order that for the purposes of determining the future financial year of the body corporate, the end of the month preceding the month in which the meeting is held shall be deemed to be the end of the financial year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0476-2007

"Villa Bordon" CTS 5057

APPLICATION
This is an application dated 29^th May 2007 by the sole co-owners of the seven lots in the scheme Angelo and Maria Cavazza, (the Applicants) for an order that a time frame be set for the calling of a general meeting to be deemed the first annual general meeting of the body corporate for Villa Bordon CTS 5057.


JURISDICTION
"Villa Bordon" Community Title Scheme 5057 is a community title 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 seven lots in the scheme created under a Building Unit Plan of subdivision.

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 the exercise of rights or powers, or the performance of duties, under the Act or the community management statement.

Specifically, an adjudicator may appoint a person to call the first annual general meeting within a stated time. (Section 62(4) Standard Module.) The appointed person is an administrator and has the powers given to the administrator under the order (Section 301(2) Act). If an adjudicator appoints an administrator to perform obligations of the body corporate, the committee or a member of the committee, anything done by the administrator under the authority given under the order is taken to be done by the body corporate, committee or committee member (Section 278 Act).


SUBMISSIONS
The Applicants seek that Trevor Matthews (Mr Matthews) of R. Matthews and Son Pty Ltd is appointed as an administrator specifically for the purpose of calling the first annual general meeting of the body corporate. Mr Matthews, by letter dated 22^nd May 2007, has agreed to call a general meeting in accordance with the Act, and has stated that he will perform this service free of charge to the body corporate.

The Applicants state that they own all the lots in the scheme and that no minutes or records have previously been kept. The Applicants have now decided to sell the lots individually.

DETERMINATION
Section 62 Standard Module requires that the first annual general meeting is held within two months after more than 50% of the lots in the scheme are no longer in the ownership of the original owner, or 6 months have elapsed since the establishment of the scheme, whichever is the first to occur. The body corporate is obliged to hold an annual general meeting within 3 months after the end of each financial year (section 60 Standard Module).

It appears that this body corporate has not held its first annual general meeting or any subsequent annual general meetings in accordance with the legislation. These circumstances warrant making an order to authorise Mr Matthews to call and convene the first annual general meeting of the body corporate.