Admiralty Gardens [2004] QBCCMCmr 174 (30 March 2004)

Last Updated: 30 September 2005

REFERENCE: 0697-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15228
Name of Scheme:	Admiralty Gardens
Address of Scheme:	5 Thornely Close BELLARA QLD 4507

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Mr Clifford and Mrs Susan Crittenden & Mr Keith Gillespie, the occupier/owner and owner of lots 4 and 1, respectively

I hereby order that the body corporate is to, within 3 months, call and hold a general meeting at which all motions considered at the general meeting held on 30 September 2003 are to be reconsidered.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0697-2003

"Admiralty Gardens" CTS 15228

Application

Admiralty Gardens Community Titles Scheme (Admiralty Gardens) is a 4 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Small Schemes Module Regulation (Small Schemes Module). The scheme is designed for residential purposes.

This application is by Clifford and Susan Crittenden and by Keith Gillespie, the occupier/owner and owner of lots 4 and 1 respectively (applicants) seeking orders against the body corporate for Admiralty Gardens (respondent).

Background

The applicants claim that they were not given proper notice of an extraordinary general meeting held on 30 September 2003 and seek to have this meeting invalidated and rescheduled for another time.

Submissions

The applicants’ main submissions were to the effect that:

• The were provided with a different date for the extraordinary general meeting than the other two owners in the scheme;
• The meeting was held a month earlier than notified with only two of the four owners in the scheme represented; and
• This is an illegal act that invalidates the meeting, and the meeting should be rescheduled.

The body corporate’s main submissions were to the effect that:

• An error occurred in printing the date of the meeting;
• The correct date of Tuesday, 30 September 2003 was listed in the covering letter;
• The erroneous listing was "Tuesday, 30 October 2003", with that date being a Thursday not a Tuesday;
• No lot owner advised of the inconsistency and two of the four lot owners attended the meeting on the correct date.

There is also a submission that one of the applicants was overseas when the meeting was held and would not have been able to attend in any event.

Decision

Notification of date of meeting

Written notice of a general meeting must be given to the owner of each lot included in the scheme. This notice must state the time and place of the proposed general meeting (Small Schemes, 24).

Based on the submissions and material provided by the body corporate manager, I am satisfied that the body corporate manager made an unintentional error in listing the date of the meeting.

The first paragraph of the covering letter correctly listed the date of the meeting, stating "As the proposed Body Corporate Managers for your complex, we enclose the agenda for the Extraordinary General Meeting of the Body Corporate for Admiralty Gardens, will be held in the Boardroom of the Bribie Island RSL Club Toorbul Road Bongaree, Bribie Island, Qld 4507. Commencing at 11.00am sharp on Tuesday the 30^th September 2003."

However, the first page of the notice of meeting stated in large writing:

EXTRA-ORDINARY GENERAL MEETING

TAKE NOTICE THAT an Extraordinary General Meeting of the

Body Corporate for ADMIRALTY GARDENS CTS

To be held at 11.00am on
Tuesday 30^th October 2003
Boardroom at the Bribie Island RSL Club
Toorbul Road Bongaree, Qld 4030

Determination

One applicant claims that he noticed the date of meeting was 30 October 2003 and thought that he would be back from Thailand by that date. He has provided a copy of his travel itinerary showing a flight to Thailand on 22 September 2003 and a return flight on 24 October 2003. I accept his submission that he wishes to be an active member of the body corporate but, because he read the date on the notice of meeting as 30 October 2003, he decided not to read the rest of the material in any detail until after his return from Thailand. I am satisfied that the unintentional error in the notice of meeting deprived him of the opportunity to submit his written vote prior to leaving for Thailand or appoint a proxy to represent him at the meeting.

I am also satisfied that the other applicants intended to attend the meeting but were misled as to its date by the error in the notice of meeting.

Given that two of the four voting members of the body corporate were misled by the typographical error in the meeting I consider it necessary for the meeting to be rescheduled so that all owners have a proper opportunity to take part in the decision making of the body corporate. There is no evidence that these matters need to be considered urgently. I will therefore allow the body corporate to call and hold the meeting at any time within the next three months.

Order

For these reasons, I make the order above.