Vista Del Mare [2003] QBCCMCmr 50 (5 August 2003)

Last Updated: 17 May 2005

REFERENCE: 0515-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27274
Name of Scheme:	Vista Del Mare
Address of Scheme:	170 High Street SOUTHPORT QLD 4215

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 Vista Del Mare Community Titles Scheme 27274 shall be 31 March 2004, in place of the previous financial year end date. I further order that thereafter each successive financial year for the Body Corporate for Vista Del Mare Community Titles Scheme 27274 shall commence on 1 April and terminate on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0515-2003

"Vista Del Mare" CTS 27274

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 the date of financial year end be amended to 31 March to allow the Body Corporate to hold its general meeting in May/June each year."

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 31 March each year as the majority of owners are absentee investors and are unable to attend annual general meetings because of the timing (in Christmas period), resulting in quorums not being met – a change to allow the meeting to be held in May or June will make attendance easier.

The body corporate has submitted a copy of the relevant minute of the extraordinary general meeting held on 9 December 2002, which includes a decision taken by those present (Resolution 9) to, "change the date of the AGM to middle of the year." This motion should have been cast in terms of a nominated change in the financial year-end date – in changing the date of the AGM the motion does not provide a definite date as an AGM can be held anytime in a three month period. However I shall accept the applicant’s suggestion of 31 March as the preferred year-end date, on the basis that it represents the date that was put in debate or information at the meeting though not minuted.

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.