Ballymore [2007] QBCCMCmr 475 (7 August 2007)

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Harold & Faye Brooks, the Co-owner of Lots 1-3

I hereby order that -

(1) Robyn Ann Wellner, of Abbey Body Corporate Management (1566 Wynnum Road, Tingalpa Qld 4173), is appointed as administrator to call, hold and chair an annual general meeting ("the meeting") of the Body Corporate for Ballymore within three (3) months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting.
(2) The administrator shall hold the appointment for the period beginning from the date of this order until of the close of the meeting ordered.

I further order that, except insofar as provided in this order, the meeting shall be called and held in accordance with the provisions of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the "Standard Module").

I further order that -

(1) For the purpose of calling, holding and chairing the meeting, the administrator shall have all the powers of the 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; or
• to incur any expenditure apart from that necessary for the calling and holding of the meeting, except in regard to expenses that must necessarily be met and are capable of being authorised and incurred by a committee under the legislation.

(2) The administrator must give at least fourteen (14) days written notice inviting owners to submit motions for inclusion on the agenda of the meeting.
(3) The administrator must not give the notice of meeting to owners earlier than twenty-one (21) days from the date of this order.
(4) The purpose of the meeting shall be to the agenda, including those matters required to be included by section 62(3) of the Standard Module and any other motion properly submitted.

I further order that the meeting shall be deemed to be the first annual general meeting of the Body Corporate for Ballymore.

I further order that for the purposes of determining the future financial year of the Body Corporate for Ballymore, 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 0658-2007

"Ballymore" CTS 20226

Ballymore community titles scheme (Ballymore) consists of three lots and common property. The scheme’s community management statement indicates the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module) applies to the scheme.

APPLICATION

Pursuant to the Body Corporate and Community Management Act 1997 (Act), this application was made by application was made by the co-owners of all three lots in the scheme, being Harold and Faye Brooks (applicants), on 7 August 2007.

The application sought declaratory orders in the following terms:

2. That Robyn Wellner be appointed as the administrator to call and convene the First Annual General Meeting of the Body Corporate for Ballymore.

JURISDICTION

I am satisfied that this is a matter which falls within the legislative dispute resolution provisions.^[1]

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 claimed or anticipated contravention of the Act or the community management statement, or the exercise of rights or powers, or the performance of duties, under the Act or the community management statement. 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, and without limiting the power to make an order under section 276(1), 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 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 or the obligations of the body corporate under another Act.^[2] An administrator appointed by an adjudicator has the powers given to them under the order.^[3]

DETERMINATION

The Body Corporate for Ballymore was established when the scheme was registered on 9 October 1991. However the application says no first annual general meeting (AGM) or any other general meetings have been held. As such the Body Corporate is not operating on a proper legal footing.

Section 62 of the Standard Module provides that the original owner must call and hold the first AGM of a body corporate within two months after the first of the following:

(a) more than 50% of the lots included in the scheme are no longer in the ownership of the original owner;

(b) 6 months elapse after the establishment of the scheme.

The agenda for the meeting must include the items set out in section 62(3) of the Standard Module.

If the original owner does not call and hold the first AGM as required by the section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first AGM within a stated time (section 62(4)). The purpose of such an order is to re-establish the body corporate and to facilitate the body corporate in conducting its affairs in accordance with the legislation.

The owners of all lots have consented to the appointment of Robyn Wellner of Abbey Body Corporate Management to convene a general meeting of the Body Corporate as the first AGM. In the circumstances, I am satisfied that an order should be made for the appointment of an administrator to call and hold the first AGM in order to put the Body Corporate for Ballymore on a proper legal basis. I have also provided for the setting of the future financial year end date.

Number of Scheme:	20226
Name of Scheme:	Ballymore
Address of Scheme:	7 Besham Parade WYNNUM QLD 4178

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Ballymore [2007] QBCCMCmr 475 (7 August 2007)