Ville Amalfi [2000] QBCCMCmr 279 (15 June 2000)

P G DanielsREFERENCE: 0317-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15058
Name of Scheme:	Ville Amalfi
Address of Scheme:	24 Arthur Street MERMAID BEACH QLD 4218

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

Mr Allan Edward Newell a co-owner of lot 2



P G DanielsI hereby order that the application for orders:

1.	The Annual General Meeting held on the 30th June 1998 be declared valid as a First AGM pursuant to Sec 62 of the Body Corporate & Community Management Act 1997 [Standard Regs].

2.	The Financial Year be 1st June to 31st May pursuant to Sec 276(10) of the Body Corporate & Community Management Act 1997 [Standard Regs].

3.	The Annual General Meeting scheduled for the period 1st June to 31st August 1999, following the end of the financial year on the 31st May 1999, and held on the 29th May 2000 be declared a valid meeting for the purposes of Sec 60 of the Body Corporate & Community Management Act 1997 [Standard Regs].

is dismissed.1n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0317-2000

“Ville Amalfi” CTS 15058

The applicant, Mr Allan Edward Newell, a co-owner of lot 2, has sought orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

1.	The Annual General Meeting held on the 30th June 1998 be declared valid as a First AGM pursuant to Sec 62 of the Body Corporate & Community Management Act 1997 [Standard Regs].

2.	The Financial Year be 1st June to 31st May pursuant to Sec 276(10) of the Body Corporate & Community Management Act 1997 [Standard Regs].

3.	The Annual General Meeting scheduled for the period 1st June to 31st August 1999, following the end of the financial year on the 31st May 1999, and held on the 29th May 2000 be declared a valid meeting for the purposes of Sec 60 of the Body Corporate & Community Management Act 1997 [Standard Regs].

Section 223(1) 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 this Act or the community management statement; or

c) a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The building units plan (now building format plan) for Ville Amalfi was registered on 26 June 1997. It was registered pursuant to the former Building Units and Group Titles Act 1980.

The first annual general meeting occurred on 30 June 1998. It should have been held earlier: section 29 BUGTA and section 62 of the Body Corporate and Community Management (Standard Module) Regulation 1997 (the Regulation).

Based on the first AGM occurring on 30 June 1998, the financial year for the scheme is 1 July to 30 June of each year: section 276(9) and (10) of the Act.

There was no 1999 AGM.

An AGM occurred on 29 May 2000. This did not occur within three months of the end of the 1999 or 2000 financial years as is required by section 60 of the Regulation.

The applicant seeks to validate the first AGM and the purported AGM on 29 May 2000.

I do not have power to validate meetings when they have not been challenged. The meetings remain valid until challenged. I cannot make orders A and C.

An application to declare a meeting void must be brought within three months after the meeting unless “good reason” is shown for waiving the requirement: section 193 of the Act. It will be noted that after three months it becomes more difficult to obtain an order that a meeting is void.

I have spoken to Mr Tom Harrison of Active Bodycorp Management Pty Ltd. He prepared the application on behalf of the applicant. He informed me that the applicant is not seeking a change in the financial year. Consequently, I will not make order B. As I have stated above, the financial year is 1 July to 30 June of each year.