Kingsleigh Villas [2007] QBCCMCmr 33 (19 January 2007)

Last Updated: 9 February 2007

REFERENCE: 0008-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20772
Name of Scheme:	Kingsleigh Villas
Address of Scheme:	QUEENSLAND

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Kingsleigh Villas community titles scheme 20772

I hereby declare that the next annual general meeting of the body corporate for Kingsleigh Villas community titles scheme 20772 will not be invalid simply because it is held more than three months after the end of financial year of the body corporate provided that: 1. The annual general meeting is called and held on or before 31 March 2007. 2. The procedures in the Body Corporate and Community Management (Accommodation Module) Regulation 1997 governing giving notice for and holding an annual general meeting are followed as far as practicable.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0008-2007

"Kingsleigh Villas" CTS 20772

APPLICATION

This application is by the body corporate seeking a declaratory order that the annual general meeting for 2006 be able to be held by 30 March 2007. The application has been signed by Catherine McCabe and Bernard Parker and was made as a consequence of a committee resolution made under section 33 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997 (Accommodation Module) dated 17 December 2006 and signed by these persons. The minutes of the Annual General Meeting dated 1 December 2005 indicates that these two persons along with J Czinege were elected to the committee. While it would seem that the composition of the committee has changed since the 2005 AGM, I am satisfied that a majority of the committee members support the application.

JURISDICTION

"Kingsleigh Villas" Community Titles Scheme 20772 is a scheme under the Body Corporate and Community Management Act 1997 (Act) and the Accommodation Module.

An adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about a claimed or anticipated contravention of the Act; or the exercise of rights or powers, or the performance of duties, under the Act (section 276(1), Act).

INSPECTION

On 17 January 2007, I inspected the body corporate records at the offices of Barard Management, the body corporate manager.

It is evident from the body corporate documentation that:

• The scheme’s end of financial year is 30 September.
• The last Annual General Meeting was held on 1 December 2005. At this meeting the body corporate resolved that its statement of accounts for the year ended 30 September 2006 be audited by DMP Accountants.
• The financial statements for the year ended 30 September 2006 have been prepared and DMP Accountants have prepared an audit report.
• Proposed budgets for the year commencing 1 October 2006 have been prepared.
• The body corporate manager gave notice to lot owners inviting each owner to nominate an eligible individual for election to the committee and to submit motions for inclusion on the agenda of the annual general meeting before 30 September 2006. Owners responded to this invitation.
• Draft statutory motions have been prepared for inclusion on the agenda of the annual general meeting.

DETERMINATION

In the circumstances, I am satisfied that an annual general meeting has not been held by 31 December 2006 as required by section 58 of the Accommodation Module. Consequently, an order is necessary to permit the holding of the annual general meeting outside this time without questions being raised about its validity. It is evident that preparatory work (including procedures specified in the Accommodation Module) has been performed for the annual general meeting which should facilitate the body corporate being able to call and hold this meeting on or before 31 March 2007.