17 Park Road [2009] QBCCMCmr 54 (18 February 2009)

Last Updated: 9 March 2009

REFERENCE: 0134-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28432
Name of Scheme:	17 Park Road
Address of Scheme:	17 Park Road YERONGA QLD 4104

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

Nick Seirlis, the nominee of North South Pty Ltd, the Owner of all three lots in the scheme

I hereby order that Trevor Matthews of R. Matthews & Son Pty Ltd is appointed to call the first annual general meeting of “17 Park Road” CTS 28432 within two calendar months of the date of this Order, in accordance with the terms of his letter dated 13th February 2009 to this Office and section 38(4) Body Corporate and Community Management (Small Schemes Module) Regulation 2008.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0134-2009

“17 Park Road” CTS 28432

APPLICATION

This is an application dated 13th February 2009 by Nick Seirlis (the Applicant) nominee of North South Pty Ltd, the owner of Lots1, 2 and 3 in 17 Park Road CTS 28432 (the body corporate) for a declaratory order that a time-frame be set for the calling of the first annual general meeting of the body corporate.

JURISDICTION

“17 Park Road” CTS 26123 is a community titles scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Small Schemes Module) Regulation 2008 (Small Schemes Module). There are 3 lots in the scheme, all owned by the Applicant.

Section 38(2)(b) Small Schemes Module requires that the original owner calls the first annual general meeting for a community title scheme within two months, after six months has elapsed after the establishment of the scheme.

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 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 (section 276(2)).

SUBMISSIONS

The Applicant says that the company owns all three lots and has done so “in the past.” There are no records or minutes of meetings in its possession. It now wishes to sell the lots and wishes to hold a general meeting to be deemed the first general meeting of the scheme. It wishes Trevor Matthews (Mr Matthews) of R. Matthews & Son Pty Ltd to convene and hold the meeting, and Mr Matthews has consented to do so free of charge. Mr Matthews also forwarded the application to this Office, and undertakes to hold the first annual general meeting in accordance with the Act.

DETERMINATION

In this matter, the sole owner of all lots in the scheme wishes to hold a first annual general meeting so that it can be recorded on the records of the body corporate. I am satisfied that the Applicant has the authority to make this application, and that Mr Matthews may be appointed as a person for the purpose of calling the first annual general meeting, which I shall order.

The application referred to the scheme as being governed by the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module) but in fact the title records show that the scheme is governed by the Small Schemes Module and that a new community management statement was lodged in April 2001. The documents and materials which must be handed over from the original owner to the body corporate are listed at section 40 Small Schemes Module, although I am not advised if the Applicant is the original owner.