Hughson Lodge [2009] QBCCMCmr 25 (30 January 2009)

Last Updated: 19 February 2009

REFERENCE: 0051-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8801
Name of Scheme:	Hughson Lodge
Address of Scheme:	17 Dix Street REDCLIFFE QLD 4020

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

Michele & Carmel Marchese, the Owner(s) of all lots in the scheme

I hereby order that David Grube of A & D Body Corporate Solutions (appointee) is authorised to call, hold and chair an annual general meeting (meeting) of the body corporate for Hughson Lodge. I further order that this authorisation: Commences on the date of this order and ceases in three months from the date of this order; Allows the appointee to perform obligations of the committee or any member of the committee in respect of the calling, holding and chairing of the meeting; and Is subject to the appointee, as far as practicable, following the procedures in the Small Schemes Module governing giving notice for and holding an annual general meeting.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0051-2009

“Hughson Lodge” CTS 8801

Application

Hughson Lodge Community Titles Scheme (Hughson Lodge) is a 3 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Small Schemes Module Regulation (Small Schemes).

This application has been lodged by Michele and Carmel Marchese, owners of all three lots in the scheme (applicants) seeking the appointment of David Grube of A & D Body Corporate Solutions (appointee) to convene a general meeting. A letter of consent from David Grube has been provided.

Decision

The submissions indicate that the scheme is not currently operating in accordance with the legislation. In this case the applicants are seeking an order authorising the appointee to call a meeting at which the affairs of the body corporate can be placed back on a proper legal footing. Submissions are to the effect that no annual general meeting has been held and body corporate records are incomplete.

I am satisfied that it is appropriate to grant an order authorising the appointee to call, hold and chair the meeting. The appointee is entitled to perform obligations of the committee or any committee member in this respect and those actions will be taken to be actions done by the committee or member (Act, 278). In calling this meeting, the appointee should follow the legislative procedures as far as practicable.

The authorisation is limited to allowing the appointee to call the meeting within a three month period. If the owners want the continuing assistance of A & D Body Corp Solutions throughout the year then a motion proposing appointment of that company to provide administrative assistance as body corporate manager will need to be put to the meeting and adopted by owners.

Order

For these reasons, I make the order above.