The Lakes Waters [2006] QBCCMCmr 9 (5 January 2006)

Last Updated: 19 July 2006

REFERENCE: 0003-2006

ORDER BY A DELEGATE OF A REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Plan:	GTP 107190
Name of Building or Parcel:	The Lakes Waters
Situated at:	Oxenford-Southport Road HOPE ISLAND QLD 4212

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

The Lakes Waters Body Corporate

I hereby order, for the purposes of the Building Units and Group Titles Act 1980 (the Act) and pursuant to section 94A of the Act, that 1 August 2006 shall be taken to be the anniversary of the first annual general meeting of the body corporate in place of the previous anniversary date.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0003-2006

"The Lakes Waters" CTS 0

The Proprietors – The Lakes Waters Group Title Plan 107190 (The Lakes Waters) have sought an order of a referee under the Building Units and Group Titles Act 1980 (Act) to vary the anniversary date of the first annual general meeting pursuant to section 94A of the Building Units and Group Titles Act to the 1^st of August so that the financial year end will be the 31^st May.

The body corporate’s duty to keep records includes a duty to keep proper statements of accounts ending on the last day of the month that precedes by three months the month in which occurs the anniversary of the first annual general meeting (Act, 38D).

Section 94A provides that where the referee considers it reasonable to do so, he or she may order that a specified date be the body corporate’s future anniversary date in place of the anniversary date on which the first annual general meeting was in fact held.

I am advised that the scheme is registered under the Integrated Resort Development Act with the development being generally known as Hope Island Resort. The Lakes Views is one of the residential bodies corporate in the resort.

In the supporting grounds, the applicant body corporate states that the change of anniversary date will avoid problems that arise if the annual general meeting for The Lakes Waters is held before the financial year end of the Principal Body Corporate and Primary Thoroughfare Body Corporate.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year anniversary date, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year anniversary date to the date as proposed. I have ordered that the anniversary date of The Lakes Views be changed to 1 August each year.