Banksia Lakes [2008] QBCCMCmr 295 (21 August 2008)

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

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Banksia Lakes [2008] QBCCMCmr 295 (21 August 2008)

Last Updated: 19 September 2008

REFERENCE: 0696-2008

ORDER OF A DELEGATE OF A REFEREE

MADE UNDER PART V OF THE

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:	GTP 107278
Name of Scheme:	Banksia Lakes
Address of Scheme:	PO Box 15 SANCTUARY COVE QLD 4212

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

The Body Corporate,

I hereby order that 1 January shall, for the purposes of the Building Units and Group Titles Act 1980 (the Act) be taken to be the anniversary of the first annual general meeting of the body corporate for Banksia Lakes which will change the financial year end date to 31 October. 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.

STATEMENT OF A DELEGATE OF A REFEREE’S REASONS FOR DECISION REF 0696-2008

“Banksia Lakes”

The applicant body corporate has sought the following order of a Referee 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 January.

The Body Corporate was created on 20 December 2007 upon the registration of group title plan 107278. Lots 30 to 34 were re-subdivided on 3 June 2008. It is a subsidiary body corporate of the Sanctuary Cove Principal body corporate and was developed in accordance with the Sanctuary Cove Resort Act 1985 (SCR Act). The BUGT Act applies for the operation of the SCR Act (section 5A, BUGT Act).

Section 29 of the BUGT Act requires the first annual general meeting to be held within 3 months after the registration of the plan and the Body Corporate is obliged to hold an annual general meeting each year not later than 2 months after the anniversary date of the first annual general
meeting (s29A, BUGT Act).

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.

The applicant states that the principal body corporate (PBC) has formulated a process in which the financial year ends of the PBC, primary thoroughfare body corporate and all residential bodies corporate are the same. An extraordinary general meeting (EGM) was called and held on 22 May 2008 so that the body corporate could consider varying its anniversary date. It was resolved that the body corporate seek an order from the referee under section 94A of the Building Units and Group Titles Act 1980 to vary the anniversary of the First Annual General Meeting of the body corporate to 1 January.

In the circumstances, I consider that it is reasonable to make an order varying the anniversary of the first annual general meeting to 1 January.