Maple Court [2008] QBCCMCmr 413 (6 November 2008)

Last Updated: 8 December 2008

REFERENCE: 0641-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	21685
Name of Scheme:	Maple Court
Address of Scheme:	49 Nicklin Street COORPAROO QLD 4151

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

Janice Moore, the owner of lot 1

I hereby order that Janice Moore, owner of lot 1 (applicant) may call, hold and chair a general meeting of the body corporate, provided that the meeting is held within four 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 coordinated with the end of financial year date of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0641-2008

“Maple Court” CTS 21685

Application

Maple Court Community Titles Scheme (Maple Court) is a 3 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

Janice Moore, owner of lot 1 (applicant) has made this application seeking the convening of a body corporate meeting. It is submitted that the scheme has no functioning committee and that the last annual general meeting was not held when required for a number of reasons including the sale of lot 2.

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, 139). Further, annual general meetings must be held within 3 months after the end of each of the scheme’s financial years (Standard Module, 66).

The committee must also be chosen at each annual general meeting (Standard Module, 13). It will be the responsibility of the committee to prepare for and authorise the calling of future annual general meetings within three months of the end of each financial year of the body corporate (Standard Module 65, 66).

In this instance, the owners of the other two lots have no objection to the applicant being authorised to call the annual general meeting. I am therefore prepared to grant an order authorising the applicant to call, hold and chair this meeting.

The applicant has informed this office that the financial year for Maple Court ends on 31 December. In calling the annual general meeting the applicant should comply with the procedures of the Standard Module as far as practicable except there is no need to coordinate the meeting with the end of financial year of the body corporate in the present circumstances.

If a meeting is desired urgently then the applicant may immediately call the meeting. However, if the meeting is not urgent, it may be quite easy for the applicant to coordinate with the end of financial year by waiting until mid-November and then following the standard practice of seeking nominations and motions from owners between three to six weeks before the end of the financial year. To allow the applicant to do this if desired, I will allow a period of four months for the meeting to be held.

Order

For these reasons, I make the order above.