Gracemere Island One [2003] QBCCMCmr 3 (2 July 2003)

Last Updated: 17 May 2005

REFERENCE: 0436-2003
RA Meek

ORDER OF AN REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:	GTP 107087
Name of Scheme:	Gracemere Island One
Address of Scheme:	Oxenford Southport Road, HOPE ISLAND QLD 4212

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate of Gracemere Island One

I hereby order that for the purposes of the Building Units and Group Titles Act 1980 (the Act) and pursuant to section 94A of the Act, the next anniversary date of the Body Corporate for Gracemere Island One Community Titles Scheme shall be 1 August 2004 in place of the previous anniversary date.

STATEMENT OF REFEREE’S REASONS FOR DECISION - REF 0436-2003

"Gracemere Island One" GTP 107087

The applicant, the Body Corporate for The Gracemere Island One Community Titles Scheme has sought the following order of an referee under the Building Units and Group Titles Act 1980 (the Act), quote –

To vary the anniversary date of the first AGM pursuant to section 94A of the Building Units and Group Titles Act.

In the case of a body corporate established under the Act, then unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of body corporate’s in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

Section 94A provides that where the referee considers it reasonable to do so, he or she may order that a specified date be the body corporate’s future anniversary date in place of the anniversary date on which the first AGM was in fact held.

I am advised that the scheme is registered under the Integrated Resorts Legislation with the development being generally known as Hope Island Resort. Gracemere Island One is one of the residential body corporate’s in the resort.

In the supporting grounds, the applicant body corporate states that under current arrangements, the financial year for the principal body corporate and primary thoroughfare body corporate (the other two bodies corporate) are 31 May whereas the anniversary date for Gracemere Island One ends on 31 March. The budgets for all three bodies corporate are intertwined to the extent that the body corporate for Gracemere Island One contributed to the budgets for the other two bodies corporate. It is therefore necessary that the AGM’s for the other two bodies corporate must precede that of the Gracemere Island One body corporate so that that body corporate can know what contributions it must make in respect of the other two bodies corporate.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year anniversary date, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year anniversary date to the date as proposed. I have ordered that the anniversary date of Gracemere Island One be changed to 1 August each year.