The Links [2007] QBCCMCmr 149 (13 March 2007)

Last Updated: 21 March 2007

REFERENCE: 0203-2007

ORDER OF A DELEGATE OF A REFEREE

MADE UNDER PART V

BUILDING UNITS AND GROUP TITLES ACT 1980

Name of Parcel:	The Links
Plan Type	Group Titles Plan 107240
Address of Parcel:	Oxenford-Southport Road, Hope Island

TAKE NOTICE that pursuant to an application made under section 94A of the abovementioned Act by The Proprietors The Links Group Titles Plan No.107240

I hereby order that 1 August 2007 shall, for the purposes of the Building Units and Group Titles Act 1980 be taken to be the anniversary of the first annual general meeting of the body corporate for The Links Group Titles Plan 107240. Each subsequent anniversary of this date shall for the purposes of the 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. n31st July 20011 August31 July

STATEMENT OF DELEGATE OF REFEREE’S REASONS FOR DECISION - REF 0203-2007

"THE LINKS" GTP 107240

APPLICATION

The body corporate seeks an order under section 94A of the Building Units and Group Titles Act 1980 (BUGT Act) to vary the anniversary of the first annual general meeting of the body corporate to 1 August.

JURISDICTION

"The Links" Group Titles Plan 107240 is a plan for the Integrated Resort Development Act 1987 (the IRD Act). The BUGT Act applies for the operation of the IRD Act (section 5A, BUGT Act) and continues to apply to a building units plan subject to the IRD Act (section 328, Body Corporate and Community Management Act 1997).

Section 94A of the BUGT Act 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.

DETERMINATION

At the First Annual General Meeting held on 4 January 2007, the body corporate resolved "that the anniversary of the First Annual General Meeting be varied to be 1^st August". The minuted preamble to the resolution stated (in part) that "the Anniversary date of the First Annual General Meeting should be varied so as to align the financial year-end dates of The Links Body Corporate GTP 107240 with the financial year ends of the Principal Body Corporate and the Primary Thoroughfare Body Corporate. This will have the effect of enabling the interlinked budgets of all bodies corporate to be determined in tandem".

The body corporate submits that currently its financial year ends on 31 October and the financial year of the principal body corporate and the primary thoroughfare body corporate end on 31 May. It states that as its budget and those of the principal body corporate and the primary thoroughfare body corporate are intertwined, problems will arise if its annual general meeting is held before the financial year ends of the principal body corporate and the primary thoroughfare body corporate. For this reason, the body corporate requests that the anniversary date of its First Annual General Meeting be varied to 1 August.

In the circumstances, I consider that it is reasonable to make an order varying the anniversary of the first annual general meeting to 1 August 2007. n31st July 20011 August31 July