Glenlyon Court [2009] QBCCMCmr 47 (11 February 2009)

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

I hereby order that Strata Management Gladstone is appointed as Administrator to call, hold, and chair an annual general meeting of Glenlyon Court Body Corporate within 3 months from the date of this order. 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.
I further order 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
• 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 legislation.
I further order that the Administrator shall prepare an agenda for the meeting, including the matters set out in sections 70(1), (2) and (3) of the Body Corporate and Community Management (Standard Module) Regulation 2008 (the Standard Module) and shall issue a notice of the meeting.
I further order that the meeting must be held at least 7 days after notice of the meeting is given to the owners of the lots included in the scheme and, except as provided in this order, the meeting must be called and held in accordance with the Act and the Standard Module.

The scheme is a subdivision of 6 lots registered under a group title plan (now a standard format plan). The regulation module applying to the scheme is the Standard Regulation Module.

The applicants are the owners of lots 1, 3 & 4, and has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) -

An order for Strata Management Gladstone to have authority to organise and hold an EGM to vote for a new manager for Glenlyon Court.

The applicants state that following the resignation of the body corporate managers which is to take effect from 23 February 2009, the scheme will be without a body corporate manager and require an experienced body corporate manager to ensure compliance with legislative provisions relating to calling and holding an extraordinary general meeting. For these reasons the applicants are seeking the above order.

Strata Management Gladstone have indicated that they are interested in assuming management of the body corporate and are prepared to conduct an EGM free of charge.

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) a claimed or anticipated contravention of the Act or the community management statement; or
(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or
(c) a claimed or anticipated contractual matter about-
(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or
(ii) the authorisation of a person as a letting agent for a community titles scheme.
An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)). Specifically, without limiting the power of an adjudicator to make an order under section 276(1), an adjudicator may make an order
... appointing an administrator, and authorising the administrator to perform
(a) obligations of the body corporate, its committee, or a member of the committee under this Act or the community management statement; or
(b) obligations of the body corporate under another Act.

301 Appointment of administrator
(1) This section applies if an order is made under this chapter appointing an administrator.
(2) The administrator has the powers given to the administrator under the order.
(3) Without limiting subsection (2), the power may include power to levy a special contribution against the owners of lots included in a community titles scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.
(4) The order may
(a) withdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120, or stated officers of the body corporate
until the administrator has taken the necessary action to secure compliance with the obligations; and
(b) require officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and
(c) fix the administrator’s remuneration.
(5) The administrator’s remuneration is to be paid out of the funds of the body corporate.
(6) This section does not apply to the enforcement of a monetary obligation of the body corporate arising under another Act unless it is an enforceable money order.

In the circumstances, I am satisfied that it is reasonable and necessary for me to make an order appointing Strata Management Gladstone as administrator for the purposes of convening a general meeting of the Body Corporate for Glenlyon Court.

Number of Scheme:	19070
Name of Scheme:	Glenlyon Court
Address of Scheme:	7-9 Glenlyon Street GLADSTONE QLD 4680

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Glenlyon Court [2009] QBCCMCmr 47 (11 February 2009)