The Astor Centre [2006] QBCCMCmr 443 (10 August 2006)

Last Updated: 19 December 2006

REFERENCE: 0640-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6371
Name of Scheme:	The Astor Centre
Address of Scheme:	445 Upper Edward Street BRISBANE QLD 4000

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

the Body Corporate

I hereby order that the body corporate is required to hold an annual general meeting within two months of the date of this order, which meeting 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 0640-2006

"The Astor Centre" CTS 6371

Scheme

The Astor Centre was registered as a building units (now known as building format) plan of subdivision on 21 April 1989 comprising 45 lots and common property. It is regulated by the Body Corporate and Community Management (Commercial Module) Regulation 1997 (the Commercial Module).

Application

This application is brought by the body corporate seeking an order that the 2006 annual general meeting be held late. The body corporate’s end of financial year is 30 April 2006. It’s annual general meeting was due to be held prior to 31 July 2006.

Determination

Obviously, it is preferable that annual general meetings be held within three months of the end of financial year as required by the legislation (Commercial Module, 46). 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 the grounds to the application, the committee states that it has engaged consultants to prepare material for changes to the contribution schedule lot entitlements and it is proposed to include this material in the meeting notice for the annual general meeting. The committee hoped to be able to hold the meeting on 31 August 2006, however, the lot entitlement material still has not yet been finalised by the consultants so it is envisaged that the meeting will be held sometime in September 2006.

While the legislative time frame has expired, 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 a requirement that the body corporate hold its annual general meeting within two months of the date of this order.

If there is any further delay in the body corporate obtaining the material it is waiting on, the body corporate must proceed to hold its annual general meeting and will be required to either wait until the next annual general meeting to consider the lot entitlement material, or call an extraordinary general meeting for this purpose.

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.