Geebung Place [2008] QBCCMCmr 225 (27 June 2008)

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

Karin Ponsford , Michael Bright, David Bright and Marian Bright, the co-owners of Lots 1, 2 and 3

I hereby order that Ian Campbell of BrisBay Pty Ltd is appointed as an administrator to call, hold and chair a general meeting (the meeting) of the body corporate for Geebung Place CTS 36773 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:

To delegate any of those powers to another person; and
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 (Commercial Module) Regulation 1997 (the Commercial Module).

I further order that the meeting shall be called and held in accordance with the Act and the Commercial Module, and that the agenda for the meeting must include the items stated in section 48(3) of the Commercial 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.

This is an application dated 15th May 2008 (but not received by this Office until 4th June 2008) and amended on 25th June 2008, by Karin Ponsford, David Bright, Michael Bright, and Marian Bright, co-owners of lots 1, 2 and 3 in the scheme (the Applicants) for an order that Ian Campbell of BrisBay Pty Ltd, calls and holds a general meeting to be deemed the first annual general meeting of the body corporate for Geebung Place CTS 36773.

“Geebung Place” Community Title Scheme 36773 is a community title scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Commercial Module) Regulation 1997 (Commercial Module). There are four lots in the scheme.

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 48(4) Commercial 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).

The Applicants state that the first annual general meeting should have been held by 24th October 2007 since the plan was registered on 24th April 2007.

The Applicants seek that Ian Campbell (Mr Campbell) of BrisBay Pty Ltd (BrisBay) is appointed as an administrator specifically for the purpose of calling the first annual general meeting of the body corporate. The Applicants say that Mr Campbell is willing to call the meeting proposed to be held on 30th June 2008.

The Applicants are the original owners, having retained Lots 1, 2 and 3. Lot 4 is owned by Dormaher Pty Ltd. There is no submission form Dormaher Pty Ltd.

Section 48 Commercial Module requires that the first annual general meeting is held within one month 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.

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

I have spoken on the telephone to Cheryl, a representative of BrisBay Pty Ltd who has confirmed to me that Mr Campbell is willing to accept the role of administrator and to convene and hold the first annual general meeting in accordance with the legislation. Cheryl advised that BrisBay was already engaged as the body corporate manager for the scheme.

I am satisfied that three out of four lot owners have requested this application, and that the first annual general meeting should be held. I therefore make the order sought.

Number of Scheme:	36773
Name of Scheme:	Geebung Place
Address of Scheme:	346 - 348 Newman Road GEEBUNG QLD 4034

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Geebung Place [2008] QBCCMCmr 225 (27 June 2008)