7th Fairway [2008] QBCCMCmr 32 (31 January 2008)

Last Updated: 25 February 2008

REFERENCE: 0043-2008

ORDER OF A REFEREE

MADE UNDER PART V OF THE

BUILDING UNITS AND GROUP TITLES ACT 1980

Number of Scheme:	GTP 107277
Name of Scheme:	7th Fairway
Address of Scheme:	Hope Island Resort, Oxenford - Southport Road, HOPE ISLAND QLD 4212

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

The Body Corporate for 7^th Fairway

I hereby order that for the purposes of the Building Units and Group Titles Act 1980 (the Act) and pursuant to section 94A of the Act, the next anniversary date of the Body Corporate for 7th Fairway Community Titles Scheme shall be 1 August 2008 in place of the previous anniversary date.

STATEMENT OF REFEREE’S REASONS FOR DECISION - REF 0043-2008

"7^TH Fairway" GTP 107277

The applicant, the body corporate for 7^th Fairway has sought the following order of a Referee under the Building Units and Group Titles Act 1980 (the Act), quote:

To vary the anniversary date of the First AGM pursuant to Section 94A of the Building Units and Group Titles Act 1980 to the 1^st August so that the financial year end will be 31^st May.

In the case of a body corporate established under the Act, then unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of body corporate’s in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

Section 94A provides that where the referee considers it reasonable to do so, he or she may order that a specified date be the body corporate’s future anniversary date in place of the anniversary date on which the first AGM was in fact held.

I am advised that the scheme is registered under the Integrated Resorts Legislation with the development being generally known as Hope Island Resort. 7^th Fairway is one of the residential body corporate’s in the resort.

In the supporting grounds, the applicant body corporate states that under current arrangements, the financial year for the principal body corporate and primary thoroughfare body corporate (the other two bodies corporate) are 31 May whereas the anniversary date for 7^th Fairway ends on 30 September. The budgets for all three bodies corporate are intertwined to the extent that the body corporate for 7^th Fairway contributes to the budgets for the other two bodies corporate. It is therefore necessary that the AGM’s for the other two bodies corporate must precede that of the 7^th Fairway body corporate so that 7^th Fairway body corporate can know what contributions it must make in respect of the other two bodies corporate.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year anniversary date, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year anniversary date to the date as proposed. I have ordered that the anniversary date of 7^th Fairway be changed to 1 August each year.