Palm Beach Villas (Palm Cove) [2003] QBCCMCmr 160 (9 October 2003)

Last Updated: 17 May 2005

REFERENCE: 0663-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	25890
Name of Scheme:	Palm Beach Villas (Palm Cove)
Address of Scheme:	24 Warren Street, PALM COVE QLD 4878

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

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 ("the Act") and pursuant to section 283 of the Act, the next financial year-end date of the Body Corporate for Palm Beach Villas (Palm Cove) Community Titles Scheme 25890 shall be 30 September 2004, in place of the previous financial year end date. I further order that thereafter each successive financial year for the Body Corporate for Palm Beach Villas (Palm Cove) Community Titles Scheme 25890 shall commence on 1 October and terminate on 30 September.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0663-2003

"Palm Beach Villas (Palm Cove)" CTS 25890

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act"), quote –

"That under Section 283 the scheme changes its end of financial year date to 30 September. Furtrhermore that the current financial period be extended to 30 September 2004."

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, 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 this Act of the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –

283. Change of body corporate’s financial year.
With the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin.

The applicant body corporate wishes to change its financial year-end date to 30 September each year so that its annual general meeting can be held in either November of December when owners who do not reside in Cairns will have a greater opportunity to attend.

The body corporate has submitted a copy of the relevant minute of the annual general meeting held on 12 September 2003, which includes a decision taken by those present (Resolution 11) to change the year-end date to 30 September each year.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.