174 Logan Street [2009] QBCCMCmr 249 (9 July 2009)

Last Updated: 1 September 2009

REFERENCE: 0616-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3954
Name of Scheme:	174 Logan Street
Address of Scheme:	174 Logan Street EAGLEBY QLD 4207

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Andrew Phillips, the owner of Lots 1 to 4

I hereby order that Richard Holmes of Barard Management Pty Ltd is appointed as Administrator to call, hold and chair a general meeting (the meeting) of the body corporate for 174 Logan Street community titles scheme 3954 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 (Act) and the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module), 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: further delegate any of those powers to another person; and 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 shall be called and held in accordance with the Act and the Standard Module; the agenda for the meeting must include the items stated in section 77(3) of the Standard Module and may also include any other motion properly submitted. I further order that for the purposes of determining the 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.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0616-2009

“174 Logan Street” CTS 3954

The scheme
“174 Logan Street” community titles scheme 3954 comprises four lots and is subject to the Body Corporate and Community Management Act 1997 (Act) and the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module).

Application
Andrew Phillips, the owner of Lots 1 to 4 (Applicant) has sought an order that Richard Holmes of Barard Management Pty Ltd be appointed to convene a general meeting of the Body Corporate which will be deemed to be the first annual general meeting of the Body Corporate.

The Applicant has provided a letter dated 6 July 2009 stating: “I, Richard Holmes, hereby consent to being appointed by an adjudicator to call, hold and preside over a general meeting of the Body Corporate for 174 Logan Street Community Titles Scheme 3954.”

Jurisdiction
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 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 Applicant owns the four lots included in the scheme. He states the Body Corporate was created on 5 March 1992 and that no general meetings have been held since the registration of Building Units Plan 11639. The Applicant states that in order to re-grant legality to the Body Corporate, a first annual general meeting needs to be held.

The Body Corporate was created under the Building Units and Group Titles Act 1980. The first annual general meeting should have been held within 3 months of the registration of the plan (s 29, BUGT Act). If the meeting was not held, a referee could appoint a person to convene the meeting (s 29(6), BUGT Act). Similar provisions are contained in the Act, which commenced in 1997 (see for example: s 77, Standard Module). An adjudicator may appoint a person to call the first annual general meeting (s 77(4)).

The purpose of such an order is to make provision for the establishment of the administrative arrangements of a body corporate and to facilitate the body corporate conducting its affairs in accordance with the legislation. In the circumstances, I am satisfied it is appropriate to make an order in the terms sought.