Moet [2011] QBCCMCmr 12 (18 January 2011)

Number of Scheme:	6085
Name of Scheme:	Moet
Address of Scheme:	8 Inchcape Court ASHMORE QLD 4214

TAKE NOTICE that pursuant to an application originally made under the abovementioned Act by Anne McGrory, the Owner of Lot 7

I hereby order that annual general meeting for the Body Corporate for Moet which was required by my order of 1 November 2010 to be held within three (3) months of the date of this order shall not be invalid simply because it is held more than three months after the date of the order, providing that it is held before 16 February 2011.

I further order that the Body Corporate for Moet shall include a copy of this further order and statement of reasons with the notice of the meeting.

Moet community titles scheme 6085 (Moet) consists of 10 lots and common property. The community management statement (CMS) for Moet indicates that the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module) applies to the scheme. Department of Environment and Resource Management records show the scheme is registered as Building Units Plan 9228.

Pursuant to the Body Corporate and Community Management Act 1997 (Act), this application was originally lodged by Anne McGory, Owner of Lot 7 (applicant) on 26 July 2010. The applicant sought orders against the Body Corporate for Moet (respondent) in the following terms:

An administrator / Manager be appointed to run body corporate as per the legislation.

AGM be properly convened and information required by law to be given to lot owners to make informed decisions.

I am given authority to speak to and access to the information supplied by the insurance company regarding my claim so as an informed decision can be made on the repairs required to ensure my tenants safety.

I hereby order that the annual general meeting of the Body Corporate for Moet held on 9 June 2010 was at all times invalid.

I further order that the Body Corporate for Moet shall call and conduct another general meeting the Body Corporate for Moet within three (3) months of the date of this order.

I further order that the ordered meeting shall be deemed to be the annual general meeting of the scheme for 2010 and, unless otherwise provided for in this order, shall be called and held in accordance with the Body Corporate and Community Management 1997 and the Body Corporate and Community Management (Standard Module) Regulation 2008.

I further order that the persons named as the members of the Body Corporate Committee in the minutes of the invalidated meeting of 9 June 2010 shall be deemed to be the appointed members of the Body Corporate Committee until the conclusion of the ordered meeting, and are authorised to call and conduct the ordered meeting.

I further order that the Secretary must give at least twenty-one (21) days written notice inviting owners to submit motions for inclusion on the agenda of the meeting and to submit nominations for membership of the committee; and that the notice shall include a copy of this order and statement of reasons.

On 11 January 2011[1] the Body Corporate Secretary made a written request for an extension of the time for the Body Corporate to hold the meeting required to be held by the order. The extension sought was for a period of two weeks, to 15 February 2011.

I am satisfied that this is a matter which falls within the legislative dispute resolution provisions.[2]

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:

(b) the exercise of rights or powers, or the performance of duties, under the Act or the CMS; or

(i) the engagement of a person as a body corporate manager or service contractor; or

An order may require a person to act, or prohibit a person from acting, in a way stated in the order.[3] An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate.[4]

My order of 1 November 2010 determined that there were significant defects in the conduct of the Annual General Meeting (AGM) held on 9 June 2010, such that the meeting must be held invalid. However I noted that I had not reason to believe that these defects arose from any deliberate attempt to avoid the legislative responsibilities. I ordered the Body Corporate to convene a new AGM within three months of the date of the meeting, and deemed the Committee purportedly elected at the invalidated meeting to continue in their roles until new elections could be held at the new AGM.

The Body Corporate Secretary has advised that the Committee is in the process of preparing the agenda and notice of meeting for the new AGM. However it appears that delays have arise because of the holiday period, the unavailability of some owners and committee members, the inclement weather and flooding across Queensland. Accordingly, the Secretary has requested authorisation to hold the meeting on 15 February 2011, which is two weeks outside the three month period specified in the original order.

It would of course have been preferable if the AGM had been held within the originally prescribed timeframe. However, particularly the circumstances, I am of the view that a two week delay will be of little or no consequence. This short delay is unlikely to have any adverse impact on owners or on the administration of the Body Corporate in respect of conduct of a replacement AGM.

Accordingly I have made a further order confirming that the AGM required to be held by my original order shall not be invalid simply because it is not within the timeframe originally required, provided that it is held before 16 February 2011. I have further ordered that this further order and reasons be included in the notice of meeting so that all owners are aware of the circumstances.

[1] I note that the Secretary’s email does not appear to have been received in the Commissioner’s Office mailbox until Wednesday 12th January and the Office was closed until 14th January due to the floods.
[2] See sections 227, 228, 276 and Schedule 5 of the Act
[3] Section 276(2) of the Act
[4] Section 284(1) of the Act

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders