GC2 [2008] QBCCMCmr 400 (28 October 2008)

Last Updated: 6 November 2008

REFERENCE: 0853-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37106
Name of Scheme:	GC2
Address of Scheme:	803 Stanley Street WOOLLOONGABBA QLD 4102

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

The Body Corporate

I hereby order that a general meeting of the body corporate held on or before 31st December 2008, shall be deemed to be the annual general meeting of the body corporate notwithstanding that the date of the general meeting is outside the period ending three months after the scheme’s financial year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0853-2008

“GC2” CTS 37106

APPLICATION

This is an application dated 7th October 2008 and amended on 23rd October 2008, by the body corporate for GC2 CTS 37106 (the body corporate) for an order that the scheme may hold its annual general meeting out of the time period required by law.

JURISDICTION

“GC2” Community Title Scheme 37106 is a subsidiary scheme of Gabba Central Community Titles Scheme, the principal scheme, and governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Accommodation Module) Regulation 2008, (Accommodation Module). There are 46 lots in the scheme.

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 the exercise of rights or powers, or the performance of duties, under the Act.

SUBMISSION

The application attaches minutes of a resolution of the committee made outside a committee meeting on 22nd October 2008 wherein two of the three committee members, unanimously approved the making of this application, proposing to hold the annual general meeting on or before 31st December 2008.

The “deadline” for holding the annual general meeting is 30th September, relying on a financial end of year for the scheme on 30th June. The body corporate manager for the scheme, Silver Stewart King and Burns, advises that the committee has failed to call the annual general meeting in time as the scheme has been trying to resolve complex issues stemming from the ending of the period of original ownership and the necessity of obtaining professional advice on the question of apportionment of costs and finalising the budgets.

DETERMINATION

Section 64 Accommodation Module requires that an annual general meeting be held within three months after the end of the scheme’s financial year.

I am satisfied the committee has consented to this application being made and in consequence I order that the scheme may, for this year, hold its annual general meeting outside the period required by the legislation, provided that it is held on or before 31st December 2008.