Sirocca Apartments [2008] QBCCMCmr 33 (31 January 2008)

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

I hereby order that Lee Horton (appointee) of Lee Horton's Body Corporate Management Services, 7 Pineneedle Place, Sunnybank Hills, Queensland is temporarily appointed as an administrator to, within three months of the date of this order, prepare budgets for the scheme and call, hold and chair a general meeting (meeting).

I further order that:

1. The procedures in the Standard Module governing giving notice for and holding an annual general meeting are to be followed as far as practicable;
2. For the purpose of carrying out the obligations of the body corporate, the appointee is granted all the powers, authorities, duties and functions of the chairperson, secretary and treasurer of the body corporate, with the exception of a power to delegate those powers, authorities, duties and functions to another; and
3. The appointee’s fee of $440 per month (plus reasonable outlays), along with $88 per hour as reasonably necessary for any onsite visits, is to be paid out of the funds of the body corporate and the appointee is granted power to levy a special contribution against the owners of lots included in the scheme to meet the costs of the administration.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0947-2007

"Sirocca Apartments" CTS 8228

Sirocca Apartments Community Titles Scheme (Sirocca) is a 40 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Angela Bradow, owner of lot 16 (applicant) has lodged this application stating that there has been no functioning committee or annual general meetings for the last ten years. Further, it is submitted that only one person has the bank details and is the bank account signatory.

A number of other owners have provided submissions expressing concerns about the functioning of Sirocca and supporting the appointment of an administrator.

The applicant has requested an administrator be appointed, suggesting Lee Horton's Body Corporate Management Services. Lee Horton, manager of Lee Horton's Body Corporate Management Services has signed a consent to act as administrator.

The Act recognises the responsibility for self management as an inherent aspect of community titles schemes (Act, 4). All owners are automatically members of the body corporate for Sirocca. This body corporate has important responsibilities including maintenance and insurance of relevant parts of the property. Decisions by the body corporate need to take place at committee meeting and general meetings and it is concerning that owners have allowed the scheme to continue for a long period of time without any functioning committee and without hold annual general meetings.

It is important that property owners take responsibility for their own investment and contribute to the decisions of the body corporate. In the circumstances, I consider it appropriate to appoint Lee Horton as an administrator for a short period to call and hold a general meeting of the body corporate to place the scheme on a proper legal foundation. I am not satisfied it is justified at this time to make an order appointing an administrator to completely take over from owners in terms of all decision making regarding Sirocca. If sufficient owners nominate as committee members then appropriate decisions can be made by owners in the usual course, potentially with the support of a professional body corporate manager. If there is still no functioning committee after the general meeting that is to be called by Lee Horton then, at that stage, it may be appropriate to further consider whether any additional orders are necessary.

If owners have any concerns about specific matters relating to Sirocca before the general meeting is called then those concerns can be raised with the administrator and a decision can be made regarding whether any further orders of an adjudicator are necessary or if the issue can be dealt with at the meeting.

Number of Scheme:	8228
Name of Scheme:	Sirocca Apartments
Address of Scheme:	41 Defiance Road WOODRIDGE QLD 4114

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Sirocca Apartments [2008] QBCCMCmr 33 (31 January 2008)