Cameron Place [2009] QBCCMCmr 346 (11 September 2009)

Number of Scheme:	13064
Name of Scheme:	Cameron Place
Address of Scheme:	82 Cameron Street NUNDAH QLD 4012

TAKE NOTICE that pursuant to an application made under the abovementioned Act by DM Bray, the owner of Lot 5

I hereby order that the application for an order by DM Bray, the owner of Lot 5 against the body corporate for Cameron Place community titles scheme 13064 seeking an outcome to invalidate the Extraordinary General Meeting proposed to be held on 2 April 2009 and rescheduled to 4 April 2009, is dismissed.

The scheme
“Cameron Place” community titles scheme 13064 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
This application made on 27 March 2009 is by DM Bray, the owner of Lot 5 (Applicant) against the Body Corporate seeking an outcome to invalidate the Extraordinary General Meeting proposed to be held on 2 April 2009 (EGM).

The Applicant had also sought an interim order that any resolutions of the EGM not be acted upon pending final determination of the application. On 2 April 2009, the interim order was made “that, pending a final determination, the body corporate for Cameron Place must not take any action to implement any resolutions passed at the extraordinary general meeting proposed for 2 April 2009 (including as rescheduled to 4 April 2009 or another date)”.

“The applicant says that the extraordinary general meeting has been called without committee authority and without the committee having an opportunity to consider the proposed agenda and put forward its own motions for owners to vote upon...Submissions from the body corporate manager were to the effect that he acted on instructions from the chairperson to call the extraordinary general meeting and that he has called it because of concerns with maintenance of the roof that may impact upon the renewal of insurance for the scheme...Submissions from the chairperson were to the effect that she spoke with another committee member and the body corporate manager about the need for an extraordinary general meeting. Also, that an extraordinary general meeting was necessary to consider maintenance issues that had not been addressed for around seven years...there is no evidence of a committee resolution authorising the calling of the meeting...If the extraordinary general meeting has been called without proper authority then owners may suffer disadvantage in that the committee has not had an opportunity to discuss the proposed agenda, obtain its own quotations for any maintenance, and request the meeting be called at a convenient time...I note that the body corporate has a number of duties in respect of maintenance, including maintaining common property and roofing structures in good condition (Standard Module, 159). If maintenance does need to be performed then I would encourage the committee to review these issues as quickly as practicable and, if necessary, authorise the calling of another extraordinary general meeting to consider relevant quotations.”

Submissions to the Commissioner
The Commissioner subsequently invited submissions from the committee and Ms Fitzgerald, the owner of Lot 4 regarding the application (s 243, Act).

Adjudication
A dispute resolution recommendation has been made under section 248 of the Act referring the dispute to departmental adjudication. An adjudicator may make an order to resolve a dispute about a claimed or anticipated contravention of the Act; or the exercise of rights or powers, or the performance of duties, under the Act (s 276(1), Act).

I have read the parts of the notice of the EGM included with the application. It is evident from the subsequent letter dated 19 March 2009 to owners from Skehan Body Corporate Managers (Body Corporate Manager) that the meeting was proposed to be held on 4 April 2009 at 1pm. It is apparent from the record of telephone conversations that staff of the Commissioner’s Office had with the Body Corporate Manager on 7 April and 21 May 2009, and the Applicant on 7 April 2009 that the EGM was not held at the time scheduled to start the meeting. The committee members (owners of Lots 1, 2, 3, 5 and 6) and Ms Fitzgerald, the owner of Lot 4 have made written submissions that the EGM was cancelled and did not proceed. In accordance with the investigative powers of an adjudicator stated in section 271 of the Act, on 4 September a member of the Commissioner’s Office confirmed with the Applicant that the meeting did not proceed. The Applicant also advised that she does not intend to withdraw the application.

A fundamental requirement to start a general meeting is the existence of a quorum (s 82, Standard Module). If there is not a quorum within 30 minutes of the time scheduled to start the meeting, the meeting must be adjourned (s 82(3), Standard Module). In this matter, I am satisfied from the material presented that the EGM did not start at 1pm on 4 April 2009, it was not adjourned due to the absence of a quorum, nor was it adjourned for any other reason. In my view, the meeting lapsed. The business stated in the notice was not transacted and cannot now be transacted by the Body Corporate unless another meeting is called in a way prescribed by the legislation.

It is apparent Motions 3, 4, 6, 7, 8, 9 and 10 on the agenda of the EGM proposed dealing with matters that are the subject of another dispute resolution application (Ref. No. 310-2009). I have today made an order dismissing the outcomes sought in this application, principally because the matters stated in the outcomes sought had not been considered by the Body Corporate before the application was made. It would seem that to date, the Body Corporate still has not given consideration to these issues despite the comments made by the adjudicator in the reasons for making the interim order. It should be noted that the making of either application or the interim order did not prevent the Body Corporate from proceeding in accordance with the legislation to progressing the issues stated in the abovementioned Motions.

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Cameron Place [2009] QBCCMCmr 346 (11 September 2009)