Villa Fantasia [2008] QBCCMCmr 199 (13 June 2008)

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

Terry van der Velde & David Stimpson as Statutory Trustees appointed pursuant to section 38(1) of the Property Law Act 1974.

I hereby order that that Mr. Trevor Matthews of R. Matthews & Son Pty. Ltd. is appointed as Administrator for purposes of convening an Annual General Meeting of the body corporate for this scheme and attending to associated activities;

I further order that the Annual General Meeting shall be called and held within three months of the date of this order, and shall be deemed to be the first Annual General Meeting of the scheme.

I further order that for the purpose of carrying out the obligations of the body corporate,
Mr. Trevor Matthews shall have all the powers, authority, duties and functions of the chairperson, secretary and treasurer of the body corporate

Villa Fantasia consists of 6 lots on a building format plan and is regulated by the Body Corporate and Community Management (Standard Module) Regulation 1997.

All lots in this scheme have been held under the joint ownership of the Pollicina family and ownership of all lots continues to be registered in their names. Pursuant to section 38(1) of the Property Law Act 1974, the Supreme Court of Queensland has appointed statutory trustees upon a statutory trust for the sale of all lots in the scheme.

The applicants advise that no records or minutes of meetings have been kept over the years while all lots have been owned by the one family. However, as it is now proposed to sell the lots, the they are seeking an order appointing a person to call a general meeting which will be deemed to be the first annual general meeting.

Section 62 of the Body Corporate and Community Management (Standard Module) Regulation 1997 provides as follows:

First annual general meeting
(1) The original owner must call and hold the first annual general meeting of the body corporate as required by this section.
(2) The meeting must be called for and held within 1 month after the first of the following to happen—
(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.
(3) The agenda for the meeting must include the following items—
(a) adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year;
(b) reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance;
(c) choosing the members of the committee;
(d) providing for the custody and use of the body corporate’s seal;
(e) deciding what issues are reserved for decision by ordinary resolution;
(f) deciding whether the by-laws should be amended or repealed;
(g) appointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor;
(h) if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.
(4) If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.
(5) The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator.

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

(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)).

Further, subsection 62(4) of the Standard Module provides that if the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.

I propose to order that Mr. Trevor Matthews of R. Matthews & Son Pty. Ltd. be appointed as administrator for the purposes of convening an Annual General Meeting of the body corporate for this scheme. This Annual General Meeting must be called and held within three months of the date of this order and shall be deemed to be the first Annual General Meeting.

Number of Scheme:	4892
Name of Scheme:	Villa Fantasia
Address of Scheme:	42 Gustavson Street ANNERLEY QLD 4103

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Villa Fantasia [2008] QBCCMCmr 199 (13 June 2008)