Gracemere Waters North [2003] QBCCMCmr 612 (10 January 2003)

Last Updated: 11 August 2008

C G YOUNGREFERENCE: 0021-2003

ORDER OF A REFEREE

MADE UNDER PART V OF THE

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:	GTP 107068
Name of Scheme:	Gracemere Waters North
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,

I hereby order that for the purposes of the Building Units and Group Titles Act 1980 and in respect of the Body Corporate for “Gracemere Waters North” GTP 107068 – 1 August 2003 shall be taken to be the next anniversary of the first annual general meeting in place of the previous anniversary date; and subsequent anniversaries of 1 August 2003 shall be taken to be anniversaries of the first annual general meeting.

STATEMENT OF REFEREE’S REASONS FOR DECISION - REF 0021-2003

“Gracemere Waters North” GTP 107068

“Gracemere Waters North” is a group titles plan registered under the Integrated Resort Development Act 1987 and therefore regulated by the Building Units and Group Titles Act 1980.

The applicant is the Body Corporate which has sought the following order of a Referee under the Building Units and Group Titles Act 1980 (“the Act”), quote -

To vary the anniversary date of the First Annual General Meeting pursuant to section 94A of the Building Units and Group Titles Act 1980.

Section 94A of the Act provides that where the Referee considers it reasonable to do so, he may order that a specified date (occurring after the date of the order) shall, for the purposes of the Act, be taken to be the anniversary of the statutory first annual general meeting of the body corporate. Afterwards, each subsequent anniversary of the specified date shall be taken to be the anniversary date of the first annual general meeting in place of the original anniversary date.

At the first annual general meeting of the body corporate held on 19 December 2002, it was resolved (Resolution 18) to make application to vary the anniversary date to 1 August for each successive year. This application implements that resolution.

The body corporate has submitted that the variation will align the financial year-end dates for the Principal Body Corporate and the Primary Thoroughfare Body Corporate. This will provide an accounting and fund contribution convenience for owners.

I am satisfied on the grounds submitted that it is reasonable for me to make the order sought. While there is a general lack of jurisdiction to deal with disputes in a group title plan registered under the Integrated Resort Development Act 1987 (see, for example, reasons to Order 628-2000 of 15 March 2001 for “the Cascades –Noosa Springs), I am prepared to make an order that is merely for a change in anniversary dates to align financial periods within the Gracemere Waters complex, which is in the interests of all owners. I also understand that imminent amendments will allow for jurisdiction to determine disputes in the special acts related to the Act, including the Integrated Resort Development Act 1987.