Ashleigh Villas [2010] QBCCMCmr 269 (17 June 2010)

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

I hereby order as follows –

1. that Beatrice Pullar, owner of Lot 9, whose election as secretary at the annual general meeting on 7th March 2010 is hereby confirmed, is authorised to call and convene a general meeting of the scheme , which meeting shall include the choosing of a committee, and to administer the everyday affairs of the scheme until such committee is elected;
2. that the general meeting shall be convened at the cost of the body corporate and within three months of the date of this order;
3 that the period of administration shall endure for a period of three months or until the end of the general meeting, whichever first occurs;
4. that the general meeting shall be convened in accordance with the Body Corporate and Community Management (Standard Module) Regulation 2008;
5. that as administrator/secretary Ms Pullar shall seek nominations for committee membership and any motions which owners wish to submit, within a three week period prior to the agenda being drawn up and a notice of the meeting being sent to all lot owners.

This is an application by Beatrice Pullar (the Applicant) owner of Lot 9, against the body corporate for Ashleigh Villas CTS 11113 (the body corporate) for orders as follows –

On 4th June 2010 the Applicant, with the support of five other owners in the scheme and no opposition asked only that she be authorised, as secretary, to be appointed as an administrator to hold a general meeting for the election of a new committee.

“Ashleigh Villas” CTS 11113 is a community title scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module). There are 10 lots in the scheme created under a Building Unit Plan of sibdivision.

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

(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 order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

The Applicant says that there was an annual general meeting on 7th March 2010 and she was asked to be secretary by Frank Hayhurst (Mr Hayhurst) who chaired the meeting. No other committee members were elected. She asked Mr Hayhurst who has been de facto manager of the scheme for many years, to hand to her all the records of the body corporate. He did not do so for more than 21 days and called an “extraordinary special meeting” for 18th April 2010 to reaffirm the annual general meeting, giving some owners only 12 days’ notice. No motions were circulated with the notice, or voting papers.

In accordance with section 243(2)(b) Act submissions were invited from all lot owners.

Mr Hayhurst has now offered to retire from his voluntary position as of 1st June 2010. On 24th May 2010 he advised this Office that the body corporate had now resolved all issues in dispute. On 2nd June 2010 he handed over all the body corporate records to the Applicant.

The Applicant also advised that three owners had now decided to form a committee and that external management was not necessary but that an extraordinary general meeting was necessary to vote in the committee members.

Leon Bilicki, owner of Lot 4, supports the calling of nominations for a committee.

Don Cullum, owner of Lot 10 also agrees that the Applicants should be secretary and she should call a meeting and call for election of other members of the committee. He is also going to nominate for the committee.

Des Mulvey, owner of Lot 3 made the same submission as Mr Cullum, as did Adel Haddad of Lot 7, and Philip Heap of Lot 1, who also intends to nominate for the committee.

The Applicant exercised her right of Reply confirming that she had now received all the body corporate records, bank books and seal, and that the final outcomes which she was seeking have been met. She asks in lieu to be authorised to administer the body corporate as secretary for the purpose of forming a committee.

She says that there is a pressing need to send out the contribution notices. She is looking forward to a new era in the scheme with the help of all owners.

In this matter, with the consent of the majority of the owners in the scheme, I order that Beatrice Pullar, whose election as secretary at the annual general meeting on 7th March 2010 is confirmed, is authorised to call and convene a general meeting including seeking nominations for committee membership, and to administer the everyday affairs of the scheme until such committee is elected.

As administrator/secretary, the Applicant shall seek nominations for committee membership and any motions which owners wish to submit, within a three week period prior to the agenda being drawn up and a notice of the meeting being sent to all lot owners.

I congratulate this group of owners on finding a resolution to the dispute in their own way.

Number of Scheme:	11113
Name of Scheme:	Ashleigh Villas
Address of Scheme:	7 Lind Avenue PALM BEACH QLD 4221

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Ashleigh Villas [2010] QBCCMCmr 269 (17 June 2010)