The Aspects [2004] QBCCMCmr 615 (3 December 2004)

Last Updated: 30 September 2005

REFERENCE: 0752-2004

ORDER OF A DELEGATE OF A REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Plan:	GTP 107137
Name of Body Corporate:	The Aspects
Address of Body Corporate:	Royal Pines Resort, Ross Street, Ashmore

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 "The Aspects" GTP 107137 – (a) 31 July 2005 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 2005 shall be taken to be anniversaries of the first annual general meeting.

STATEMENT OF REASONS FOR DELEGATE OF A REFEREE’S DECISION - REF 0752-2004

"The Aspects" GTP 107137

"The Aspects" is part of the 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 "The Aspects" 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 in 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 29 October 2004, it was resolved (Resolution 16) to make application to vary the anniversary date from 29^th October to 31^st July. This application implements that resolution.

The resolution states that the variation of the anniversary date will "bring all residential precincts into line with a common year end date for ease of operation between the Bodies Corporate". The body corporate has submitted that the variation will align the financial year-end dates of the seven bodies corporate at Royal Pines to facilitate the preparation of accounts and the holding of the annual general meetings.

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.