Gracemere Island Three [2004] QBCCMCmr 259 (19 May 2004)

Last Updated: 30 September 2005

REFERENCE: 0317-2004

ORDER OF A DELEGATE OF THE REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:
Name of Scheme:	Gracemere Island Three
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 for Gracemere Island Three

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 Three Community Titles Scheme shall be 1st August, in place of the previous anniversary date. I further order that thereafter, each successive financial year for Gracemere Island Three Community Titles Scheme shall commence on 1 August and terminate on 31 July, of each year, respectively. n31st July 20011 August31 July

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0317-2004

"Gracemere Island Three" CTS

The applicant, the body corporate of Gracemere Island Three has sought the following order of a referee under the Building Units and Group Titles Act 1980 (the BUGT Act), quote –

To vary the anniversary date of the first AGM pursuant to Section 94A of the Building Units and Group Titles Act to the 1^st August so that the financial year end will be the 31^st May.

Section 276(1) of the Body Corporate and Community Management Act 1997 (the BCCM Act) 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 the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

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 of the BUGT Act 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.

In the supporting grounds, the applicant body corporate states that the scheme is a residential body corporate in the integrated resort known as Hope Island Resort. The requested order is sought in order to align the financial year of this scheme with other like schemes in the Resort, and as well, to make the financial year concurrent with the principal body corporate and the primary thorough-fare body 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 accordingly. n31st July 20011 August31 July