Focus [2007] QBCCMCmr 630 (8 November 2007)

Last Updated: 14 November 2007

REFERENCE: 0869-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12996
Name of Scheme:	Focus
Address of Scheme:	114 The Esplanade SURFERS PARADISE QLD 4217

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 December 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 0869-2007

"Focus" CTS 12996

Application

Focus Community Titles Scheme (Focus) is a 125 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Accommodation Module Regulation (Accommodation 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 a service contract to be considered at the forthcoming annual general meeting is currently under review by the body corporate's solicitor and has not yet been finalised. The material indicates that the annual general meeting was due to be held by the end of November but it is submitted that the meeting should be able to be held by 7 December 2007.

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 (Accommodation Module, 58). 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. This declaration will, however, only be effective if the meeting is less than one month 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.