127 Davidson Street [2008] QBCCMCmr 180 (26 May 2008)

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

I hereby order that Peter Jahnsen of Archers BCM (Cairns) Pty Ltd (appointee) is authorised to call, hold and chair an annual general meeting (meeting) of the body corporate for 127 Davidson Street.

I further order that this authorisation:

Commences on the date of this order and ceases in three months from the date of this order unless altered by a subsequent order of an adjudicator. Further, the authorisation will cease immediately upon the appointment of a committee for 127 Davidson Street if that occurs earlier;
Allows the appointee to perform obligations of the committee or any member of the committee in respect of the calling, holding and chairing of the meeting. In particular, the appointee is to prepare proposed budgets for adoption of the body corporate at the meeting, submit motions as reasonably necessary, and prepare the minutes of the meeting; and
Is subject to the appointee, as far as practicable, following the procedures in the Standard Module governing giving notice for and holding an annual general meeting. In particular, a notice requesting nominations for committee positions and submission of motions for consideration at the meeting must give owners at least three weeks to submit their nominations and motions. However, the giving of notices and the holding of the general meeting need not coincide with the end of financial year date of the body corporate.

127 Davidson Street Community Titles Scheme (127 Davidson Street) is a 7 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Janet-Burke Durrant Pty Ltd, owner of lot 3 (applicant) has lodged this application seeking the immediate appointment of an administrator. The applicant says that the annual general meeting required to be held last year has not been held and has requested that Archers Body Corporate Services be authorised to organise a meeting of the body corporate. A number of other owners in the scheme have provided letters in support of the applicant, indicating that the majority of owners in the scheme support the application.

The legislation provides for the election of a committee to represent owners and for the replacement of committee members upon vacancies arising (Act 98-100, Standard Module 7-25). Further, annual general meetings must be held within three months after the end of each of the scheme’s financial years (Standard Module, 60).

It is obvious that the body corporate for 127 Davidson Street is not presently being administered by owners in accordance with the legislation. This provides some basis for an order to appoint the proposed administrator. However, the legislation recognises self management as an inherent aspect of community titles schemes (Act, 4(a)). If owners are willing to be involved in the management of their own scheme then it seems preferable to allow this to occur rather than have a third party make decisions about how the body corporate is to operate.

I have therefore decided to grant an order that simply authorises the proposed administrator to call a general meeting (Act, 278). In calling this meeting, the appointee should follow the legislative procedures as far as practicable. However, owners should be given three weeks to submit nominations and motions and then the meeting should be called immediately rather than waiting for the end of financial year of the body corporate.

If owners want the continuing assistance of a professional body corporate manager throughout the year then a motion proposing appointment of a body corporate manager will need to be put to the meeting and adopted by owners. Alternatively, if insufficient eligible persons nominate for committee membership then a further order can be sought.

Number of Scheme:	15221
Name of Scheme:	127 Davidson Street
Address of Scheme:	127 Davidson Street PORT DOUGLAS QLD 4871

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

127 Davidson Street [2008] QBCCMCmr 180 (26 May 2008)