Rainbow Vue [2010] QBCCMCmr 349 (29 July 2010)

Last Updated: 1 September 2010

REFERENCE: 0698-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	36782
Name of Scheme:	Rainbow Vue
Address of Scheme:	12-14 Bradford Street, Labrador, QLD 4215

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

The Body Corporate for Rainbow Vue

I hereby order that the body corporate is required to hold an annual general meeting within two months of the date of this order, which meeting will not be invalid simply because it is held more than three months after the end of financial year of the body corporate.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0698-2010

“Rainbow Vue” CTS 36782

Scheme

The Rainbow Vue Community Titles Scheme 36782 was registered as a building format plan of subdivision on 19 April 1997 comprising 12 lots and common property. It is regulated by the Body Corporate and Community Management (Accommodation Module) Regulation 2008 (the Accommodation Module).

Application

This application is brought by the body corporate seeking an order that the 2010 annual general meeting be held late. The body corporate’s end of financial year is stated to be 31 March. It’s annual general meeting was due to be held prior to 30 June 2010.

Determination

Obviously, it is preferable that annual general meetings be held within three months of the end of financial year as required by the legislation (Accommodation Module, 64). However, the courts have recognised that the very detailed provisions of the regulations make it almost inevitable that from time to time there will be non-compliance with the legislation. Non-compliance of an insubstantial nature should not be allowed to imperil the actions of bodies corporate or their committees, particularly in the instance of committees where actions are taken in good faith.[1]

In the grounds to the application, the committee states that the body corporate manager has failed under his contract to provide the specified services. His office, it is stated, does not return calls, nor do they answer emails.

It is further stated that accounts are continually overdue and not paid until the contractors involved start complaining bitterly. The contractors are now refusing to service “Rainbow Vue” as it now has a reputation of someone who doesn’t pay their accounts.

While the legislative time frame has expired, in the circumstances, I am prepared to make a declaration that the annual general meeting will not be invalid merely because it is held late. I will make this subject to a requirement that the body corporate hold its annual general meeting within two months of the date of this order.

Order

For these reasons, I make the order above.

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[1] Wei-Xin Chen v Body Corporate for Wishart Village CTS 19482, Appeal 4080 of 2000, District Court Brisbane, 29 May 2001.