Industrial Enterprises [2009] QBCCMCmr 210 (5 June 2009)

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

I hereby order that a general meeting of the body corporate of “Industrial Enterprises” CTS 31185 held within two months of the date of this order 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 (Small Schemes Module) Regulation 2008 for the holding of an annual general meeting, notwithstanding that the date of the general meeting may be outside the period ending three months after the scheme’s financial year end;

I further order that Leonard Nevill Undy, director of Spring Quest Pty Ltd may convene the general meeting deemed to be the annual general meeting, on such terms and conditions as may be agreed.

This is an undated application received by this Office on 3rd June 2009. Accompanying letters lodging the application are dated 26th May 2009. The application is made by Wendy Howitt and Nigel Howitt, co-owners of Lot 1; Ian Drinkwater, owner of Lot 2 ; and Wendy Howitt, Nigel Howitt, Kenneth Maunder and Sharon Maunder, co-owners of Lot 3 (together called the Applicants) for a declaratory order that the scheme might hold an Annual General Meeting outside the time prescribed in the legislation.

“Industrial Enterprises” CTS 31185 is a community titles scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Small Schemes Module) Regulation 2008 (Small Schemes Module). There are 3 lots in the scheme.

Section 31 Small Schemes Module requires that an annual general meeting for a community title scheme must be called and held within three months after the end of each of the scheme’s financial years.

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)).

The Applicants says that they purchased their respective lots in 2003 from the original owner, and that although there has been a first annual general meeting held before their ownership, there have been no annual general meetings “in terms of the Act” since 2003.

They ask that Leonard Undy (Mr Undy) director of Spring Quest Pty Ltd, a body corporate management company, convenes an annual general meeting in accordance with the Act and the Small Schemes Module, and Mr Undy has consented by letter dated 26th May 2009, to act for the body corporate in this regard.

I am not advised when the end of the financial year for the scheme is. In accordance with the Act, a scheme’s financial year, save where the scheme was established before 1997, means –

“the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of 1 year from the end of the first financial year.”

I am satisfied that this body corporate should hold its annual general meeting as soon as possible, and that a general meeting held within the next two months may be deemed to be the annual general meeting. The legislative provisions for the holding of an annual general meeting shall apply.

Number of Scheme:	31185
Name of Scheme:	Industrial Enterprises
Address of Scheme:	102 Harburg Drive BEENLEIGH QLD 4207

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Industrial Enterprises [2009] QBCCMCmr 210 (5 June 2009)