Currumbin Treetops [2008] QBCCMCmr 6 (11 January 2008)

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the owners of Lots 1 and 2.

I hereby order that Archers BCM (Gold Coast) Pty Ltd 8 Carrara Street, Benowa is appointed as administrator to call, hold and chair a general meeting (the meeting) of the body corporate for Currumbin Treetops community titles scheme 20834 (Body Corporate) in accordance with this order and within 3 months of the date of this order for the purpose of the consideration of motions included on the agenda of the meeting and deciding committee executive member positions.

I further order that for the purposes of the Body Corporate and Community Management Act 1997 the meeting shall be deemed to be an annual general meeting of the Body Corporate and shall be called and held in accordance with the Act and the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module).

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:

1. To further delegate any of those powers to another person; and
2. 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 Standard Module.

I further order that the meeting may consider any motion validly before it and the positions of the executive members of the committee shall be determined in accordance with section 11(4) of the Standard Module.

I further order that for the purposes of determining the financial year, the end of the month preceding the month in which the meeting is held is deemed to be the end of the financial year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0013-2008

"Currumbin Treetops" CTS 20834

Application
An outcome is sought that Archers BCM (Gold Coast) Pty Ltd (Archers) be appointed to hold the first annual general meeting of the Body Corporate. The application was made by Benita Williams of Archers on behalf of the owners of Lots 1 and 2. The application included a signed authority by:

Both authorities provide agreement "to the appointment of Archers Body Corporate Management as the administrator for this body corporate to enable this body corporate to be put on a proper legal footing in accordance with the Body Corporate and Community Management Act 1997 and associated Regulations".

Given the time which has lapsed since the authorities were signed and given neither owner signed the application form dated 11 October 2007, on 9 January 2008, a staff member of the Commissioner’s office contacted both owners and was advised by Terry McCann that the owner of Lot 1 still consents to the appointment of Archers, and by Shirley Parker that the owner of Lot 2 still consents to the appointment of Archers.

On the basis of these confirmations, I have formed the view that the owners of the two lots included in the scheme consent to the making of the application and the appointment of Archers.

By letter dated 11 October 2007, Archers accepted the nomination for appointment as administrator to convene and attend a meeting to be considered to be the first annual general meeting. By their actions in seeking to progress this application, it is apparent Archers still consent to the nomination.

Jurisdiction
"Currumbin Treetops" is a community titles scheme under the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Standard Module).

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act; or the exercise of rights or powers, or the performance of duties, under the Act. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (s276(2), Act). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (s284(1), Act).

If an order is made appointing an administrator, the administrator has the powers given to the administrator under the order (s301(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 (s278, Act).

Determination
The Body Corporate was created by the registration of GTP1970 in 1989. At this time, the Building Units and Group Titles Act 1980 (BUGT Act) applied. Section 29 of the BUGT Act required the first annual general meeting to be held within 3 months after the registration of the plan. The Body Corporate was obliged to hold an annual general meeting each year not later than 2 months after the anniversary date of the first annual general meeting (s29A, BUGT Act). With the commencement of the current Act on 13 July 1997, the Body Corporate is required to hold an annual general meeting every year within 3 months after the end of each financial year (s60, Standard Module).

It would seem from the statements made in the application that the Body Corporate has not held its first annual general meeting and possibly any other required annual general meetings. However, it is clear that on two occasions, the Body Corporate resolved to change its by-laws and notify the registrar of titles. The Change of By-Laws No 601267061 refers to a "special resolution passed on the 5^th day of May 1989". The Change of By-Laws No 701732301 refers to a "special resolution passed on the 21st day of December 1996". These resolutions could only have been made in general meeting. Given this evidence, I do not consider it appropriate to make an order that a meeting be held and be deemed to be the first annual general meeting.

However, I am satisfied from the statements made by both owners that an order is necessary to authorise the calling and holding of a general meeting to put the Body Corporate onto a proper legal footing. I am also satisfied that Archers has knowledge of the application and has accepted the nomination to being appointed as administrator. These circumstances warrant making an order to authorise Archers to call and convene a general meeting of the Body Corporate and for this meeting to be deemed to be an annual general meeting.

Number of Scheme:	20834
Name of Scheme:	Currumbin Treetops
Address of Scheme:	5 Kandra Avenue CURRUMBIN QLD 4223

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Currumbin Treetops [2008] QBCCMCmr 6 (11 January 2008)