Badon Village [2004] QBCCMCmr 133 (5 March 2004)

Last Updated: 30 September 2005

REFERENCE: 0107-2004

ORDER OF A REFEREE

MADE UNDER PART V OF THE

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Plan:	GTP 107103
Name of Parcel:	Badon Village
Address of Parcel:	Royal Pines Resort, Ross Street ASHMORE QLD 4214

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 "Badon Village" GTP 107103 – (a) 31 July 2004 shall be taken to be the next anniversary of the first annual general meeting in place of the previous anniversary date; and (b) subsequent anniversaries of 31 July 2004 shall be taken to be anniversaries of the first annual general meeting.

STATEMENT OF REASONS FOR REFEREE’S DECISION - REF 0107-2004

"Badon Village" GTP 107103

"Badon Village" is a residential parcel of Royal Pines Resort, an approved scheme under the Integrated Resort Development Act 1987, and registered as a group titles plan under, and regulated by, the Building Units and Group Titles Act 1980.

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

That the anniversary date for the body corporate be amended to 31^st July in order that the Financial Year End of each of the bodies corporate at Royal Pines are the same.

Section 94A of the Act provides that where it is considered reasonable to do so, a Referee may order that another date be substituted for the anniversary date of the first annual general meeting so that the substituted date (and subsequent anniversaries of the substituted date) will determine the financial year-end date and the timing of annual general meetings. The section provides -

94A Order varying anniversary of first annual general meeting of body corporate
Where, pursuant to an application by a body corporate for an order under this section, the referee considers that it is reasonable so to do, the referee may order that a date specified in the order and occurring after the order is made shall, for the purposes of this Act, be taken to be the anniversary of the first annual general meeting of the body corporate whereupon each subsequent anniversary of that date shall for the purposes of this Act be taken to be an anniversary of the first annual general meeting of the body corporate in place of the anniversary of the date on which the first annual general meeting was in fact held.

At the first annual general meeting of the body corporate held on 28 November 2003, it was resolved (Resolution 19) to make application to vary the anniversary date from 31 August to 31 July July each successive year, commencing in 2004. This application implements that resolution.

The body corporate has submitted that the variation will align the financial year-end dates of the seven residential precincts comprising the approved scheme Royal Pines Resort. The resulting alignment of financial year-end dates at 30 April (see section 38D(1)(c)of the Act) will facilitate the preparation of financial accounts for each of the bodies corporate, as well as the holding of annual general meetings (see section 29A(1) of the Act).

Jurisdiction now exists under section 179A of the Integrated Resort Development Act 1997 for the dispute resolution provisions of the Act to apply to plans approved under that legislation, including the making of orders pursuant to section 94A of the Act. I am satisfied on the grounds submitted that it is reasonable for me to make the order sought.