Reedy Court [2006] QBCCMCmr 181 (11 April 2006)

Last Updated: 19 December 2006

REFERENCE: 0250-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27401
Name of Scheme:	Reedy Court
Address of Scheme:	21 Second Avenue BONGAREE QLD 4507

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

the body corporate

I hereby declare that an annual general meeting held by the body corporate within two months of this order will not be invalid simply because it is held more than three months after the end of financial year of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0250-2006

"Reedy Court" CTS 27401

Application

Reedy Court Community Titles Scheme (Reedy Court) is a 4 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Small Schemes Regulation (Small Schemes).

The body corporate resolved to bring this application for a declaratory order to authorise the holding of an annual general meeting outside the time required by the legislation.

Decision

Obviously, it is preferable that annual general meetings be held within three months of the end of financial year as required by the legislation (Small Schemes, 37). 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, it is submitted that the delay arose because of the sale of one of the lots and the death of another of the owners. In the circumstances, I am prepared to make a declaration that the annual general meeting will not be invalid merely because it is held late. I will make this subject to the annual general meeting being held within two months of the date of this order.

Order

For these reasons, I make the order above.

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