Flagstone Village [2009] QBCCMCmr 146 (16 April 2009)

Last Updated: 7 May 2009

REFERENCE: 0328-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33183
Name of Scheme:	Flagstone Village
Address of Scheme:	15 Bushman Drive JIMBOOMBA QLD 4280

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 May 2009, shall be deemed to be the annual general meeting of the body corporate provided that the general meeting so convened shall comply with the legislative requirements of the Body Corporate and Community Management Act 1997 and the Body Corporate and Community Management (Commercial Module) Regulation 2008 for the holding of an annual general meeting, notwithstanding that the date of the general meeting is outside the period ending three months after the scheme’s financial year end.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0328-2009

“Flagstone Village” CTS 33183

APPLICATION

This is an application dated 26th February 2009, but not received by this Office until 7th April 2009, by the body corporate for Flagstone Village CTS 33183 (the body corporate), for a declaratory order that the body corporate might be permitted to hold its annual general meeting outside the time prescribed in the legislation and before 30th April 2008.

JURISDICTION

“Flagstone Village” CTS 33183 is a community titles scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Commercial Module) Regulation 2008 (Commercial Module). There are 7 lots in the scheme.

Section 33 Commercial Module requires that the annual general meeting for a community title scheme is held within three months after the end of the scheme’s financial year.

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. An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)).

SUBMISSIONS

The body corporate says that the relevant budgetary information was not available within the specified time limit, to enable the body corporate to hold its annual general meeting within the required time frame. It seeks permission to hold the annual general meeting before 30th April 2009.

Since the file was not before an adjudicator prior to 15th April 2009, I contacted Barard Management Pty Ltd, the body corporate manager for this scheme, to see if the scheme wished to update its application. The body corporate manager advised that the scheme should have held its annual general meeting before the end of February, and that it now wished to hold its annual general meeting before the end of May 2009.

DETERMINATION

In the circumstances, I am satisfied that this body corporate should hold its annual general meeting as soon as possible, and that a general meeting held prior to the end of May 2009 may be deemed to be the annual general meeting. The legislative provisions for the holding of an annual general meeting shall apply.