Gold Coast Financial Centre [2004] QBCCMCmr 6 (7 January 2004)

Last Updated: 30 September 2005

REFERENCE: 0649-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27049
Name of Scheme:	Gold Coast Financial Centre
Address of Scheme:	QUEENSLAND

TAKE NOTICE that pursuant to an application made under the abovementioned Act in respect of the Gold Coast Financial Centre

I hereby order that the time within which the Gold Coast Financial Centre is required to hold its annual general meeting under section 46 of the Body Corporate and Community Management (Commercial Module) Regulation 1997 (Commercial Module) is extended to a time within three months of the date of this order, provided that: 1. Within one month, a notice is forwarded to members of the body corporate inviting nominations for committee member positions and submission of motions for inclusion on the agenda for the meeting (Commercial Module, 30(3)). This notice is to allow members at least three weeks to respond; 2. Within two months, a notice of general meeting is issued containing all motions and nominations properly submitted by members in accordance with the above notice. These are to be accepted even though submitted after the end of the body corporate’s financial year (Commercial Module, 30(2)); and 3. The procedures in the Commercial Module regarding giving notice for and holding the meeting are otherwise followed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0649-2003

"Gold Coast Financial Centre" CTS 27049

Application

Gold Coast Financial Centre Community Titles Scheme (GCFC) is a 12 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Commercial Module Regulation (Commercial Module). The scheme is designed for commercial purposes.

This application is brought on behalf of the body corporate for the scheme. The application seeks an extension of time within which the body corporate can hold its annual general meeting as required under the Act.

Submissions

The body corporate manager submits that the resignation of a number of committee members caused delays in approval of the budgets and calling of the annual general meeting. As a result, the body corporate’s annual general meeting was not held within three months of the end of the financial year of the scheme as required by the Act (Commercial Module, 46).

Submissions were sought from all owners in relation to this application. However, no additional submissions have been received.

Decision

An annual general meeting must be called and held within three months after the end of the scheme’s financial year (Commercial Module, 46). It is usually the responsibility of the secretary to call the annual general meeting (Commercial Module, 29). However, a body corporate manager is often delegated with the authority to call the meeting.

Normally, owners submit nominations for committee membership and motions for consideration at the annual general meeting prior to the end of the body corporate’s financial year (Commercial Module, 30). These will then be included in the agenda and voting papers for the meeting (Commercial Module, 31 & 34). The body corporate committee should then ensure that an annual general meeting is held within three months of the end of the financial year (Commercial Module, 46).

I am satisfied that it is necessary and appropriate to give the body corporate an extension of time in which to hold its annual general meeting. Because of this extension, the time in which owners should be entitled to submit nominations and motions for consideration at the meeting should also be extended.

I will therefore make an order allowing the body corporate to seek nominations and motions from owners within one month, and hold the annual general meeting within three months.

Order

For these reasons, I make the order above.