East Village [2007] QBCCMCmr 522 (30 August 2007)

Last Updated: 5 September 2007

REFERENCE: 0676-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31389
Name of Scheme:	East Village
Address of Scheme:	25 James Street FORTITUDE VALLEY QLD 4006

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

the Body Corporate for East Village

I hereby order that the body corporate for the East Village Community Titles scheme shall be authorised to hold its 2007 Annual General Meeting at a date no later than 11 September 2007, notwithstanding that this is outside the time limitation specified for the holding of such meeting under section 58 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0676-2007

"East Village" CTS 31389

Application
This application has been lodged on behalf of the body corporate committee seeking an Order which permits an extension of the due date for the AGM by 11 days to 11 September 2007.

The financial year for the scheme ended on 31 May 2007 and therefore the Annual General Meeting should have been held by 31 August. However, it was necessary to reschedule the meeting to 11 September 2007 due to other commitments of the body corporate manager and the inability of certain committee members to attend before 11 September.

The committee is concerned that there is a potentially contentious issue on the agenda for the AGM and at present, it is possible that persons disappointed by the eventual outcome could subsequently seek to have the meeting declared invalid. If this were to occur, it would be necessary to incur the substantial cost of convening another general meeting at which the motion can again be put to a vote. To avoid the occurrence of such a situation, the body corporate is seeking approval for the body corporate to hold the AGM some 11 days after the due date.

Jurisdiction

Section 276(1) of the Act provides that 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) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Determination

Section 58 of the Standard Module provides that an AGM must be called and held within 3 months after the end of the financial year for the scheme. However, given the circumstances of the case, I believe it is preferable for me to grant the extension sought by the applicant body corporate committee, rather than to leave open the possibility of future challenges to the validity of committee appointments or resolutions passed at the AGM.

I therefore propose to order that the body corporate for the authorised to hold its 2007 Annual General Meeting at a date no later than 11 September 2007, notwithstanding that this is outside the time limitation specified for the holding of such meeting under section 58 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997.