Waterford Place [2005] QBCCMCmr 371 (8 July 2005)

Last Updated: 19 July 2006

REFERENCE: 0420-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19267
Name of Scheme:	Waterford Place
Address of Scheme:	32 Chambers Flat Road WATERFORD WEST QLD 4133

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

the body corporate

I hereby declare that the annual general meeting of the body corporate held on 24 June 2005 is not invalid simply because it was held more than three months after the end of financial year of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0420-2005

"Waterford Place" CTS 19267

Application

Waterford Place Community Titles Scheme (Waterford Place) is a 17 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Accommodation Module Regulation (Accommodation Module).

The body corporate has brought this application. It is submitted that the body corporate was unable to conduct its annual general meeting within three months of the end of its previous financial year because Barard Management Pty Ltd, the body corporate manager, had not prepared the accounts on time due to the accounting position at that firm being vacant at the relevant time.

Decision

In this case, the body corporate held its annual general meeting less than one month after the meeting was due to be held. Obviously, it is preferable that annual general meetings be held within three months of the end of financial year as required by the legislation (Accommodation Module, 58). However, the courts have recognised that the very detailed provisions of the regulations make it almost inevitable that from time to time there will be non-compliance with the legislation. Non-compliance of an insubstantial nature should not be allowed to imperil the actions of bodies corporate or their committees, particularly in the instance of committees where actions are taken in good faith.^[1]

In this instance, the lateness of the annual general meeting should not automatically invalidate the meeting. Rather, if any person has suffered significant prejudice as a result of the meeting being held late then that person may bring an application seeking an appropriate order. I will therefore grant a declaration to the effect that the lateness of the meeting, in itself, does not mean that the meeting is invalid.

Order

For these reasons, I make the order above.

^[1] Wei-Xin Chen v Body Corporate for Wishart Village CTS 19482, Appeal 4080 of 2000, District Court Brisbane, 29 May 2001.