134 Macquarie Street [2007] QBCCMCmr 432 (27 July 2007)

Last Updated: 16 August 2007

REFERENCE: 0617-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	7524
Name of Scheme:	134 Macquarie Street
Address of Scheme:	134 Macquarie Street ST LUCIA QLD 4067

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 by the end of August 2007 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 0617-2007

"134 Macquarie Street" CTS 7524

Application

134 Macquarie Street Community Titles Scheme (Macquarie Street) is a 10 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module).

The committee 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. This is on the basis that the time taken to obtain engineers' reports for presentation at the annual general meeting has resulted in the committee seeking a one month extension to hold the annual general meeting.

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 (Standard Module, 60). 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 present circumstances, I am prepared to make a declaration that the annual general meeting will not be invalid merely because it is held late.

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.