Joahla Heights [2003] QBCCMCmr 30 (21 July 2003)

Last Updated: 17 May 2005

REFERENCE: 0305-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14020
Name of Scheme:	Joahla Heights
Address of Scheme:	26 Little Street, ALBION

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Joahla Heights CTS 14020

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 Joahla Heights Community Titles Scheme 14020 shall be 30 June 2003, in place of the previous financial year-end date. I further order that thereafter, each successive financial year for the Body Corporate for Joahla Heights Community Titles Scheme 14020, shall commence on 1 July and terminate on 30 June respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0305-2003

"Joahla Heights" CTS 14020

The applicant, the body corporate for Joahla Heights CTD 14020, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) to change the financial year-end date from 31 December to 30 June.

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-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act provides that, with the consent of the body corporate, the order of an adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin.

Nine of the ten owners in the scheme have signed a letter stating that they agree with the proposed change of the body corporate’s financial year from 1 January to 31 December to 1 July to 30 June. In the supporting grounds, the body corporate stated that the secretary/treasurer is usually overseas for some months over the present financial year-end, which presents a difficulty in keeping books up to date and complying with legal obligations. The body corporate further stated that the change of financial year-end as requested will overcome this problem.

I am satisfied the body corporate has consented to the proposed change as required by section 283 of the Act, and I have ordered accordingly.