Bantry Court [2008] QBCCMCmr 217 (26 June 2008)

Last Updated: 1 August 2008

REFERENCE: 0521-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	5663
Name of Scheme:	Bantry Court
Address of Scheme:	7 Bantry Avenue BURPENGARY QLD 4505

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

Michele & Carmel Marchese, the joint owners of all lots in the scheme

I hereby order that David Grube of A & D Body Corp Solutions, PO Box 5896, Maroochydore (appointee) may call, hold and chair a general meeting of the body corporate, provided that the meeting is held within three months of the date of this order. I further order that the procedures in the Standard Module governing giving notice for and holding an annual general meeting are to be followed as far as practicable. However, the giving of notices and the holding of the general meeting need not be co-ordinated with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0521-2008

“Bantry Court” CTS 5663

Application

Bantry Court Community Titles Scheme (Bantry Court) is a 4 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Michele and Carmel Marchese (applicants) own each of the four lots jointly. They have jointly made this application seeking the convening of a body corporate meeting to put the body corporate back on a proper legal footing. It is submitted that there has not been an annual general meeting for a number of years.

Decision

It is apparent that the scheme is not currently operating in accordance with the legislation. Specifically, the legislation requires annual meetings at which budgets will be adopted that contain an estimate of spending from the administrative fund for the upcoming financial year and an estimate of spending from the sinking fund over a ten year period (Standard Module, 94). Further, annual general meetings must be held within 3 months after the end of each of the scheme’s financial years (Standard Module, 60).

I will grant an order that will allow the person selected by the applicants to immediately call a general meeting following the procedures for an annual general meeting. Any meeting held pursuant to this order should be held within three months of the date of this order.

Order

For these reasons, I make the order above.