Holiday Village [2004] QBCCMCmr 219 (28 April 2004)

Last Updated: 30 September 2005

REFERENCE: 0253-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11949
Name of Scheme:	Holiday Village
Address of Scheme:	18 Thorn Street KANGAROO POINT Q 4169

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate of Holiday Village CTS 11949

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 Holiday Village Community Titles Scheme 11949 shall be 30 June 2004, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Holiday Village Community Titles Scheme 11949, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0253-2004

"Holiday Village" CTS 11949

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 financial year for the body corporate for Holiday Village community titles scheme 11949 be declared to be from 1 July each year to 30 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 provides as follows:–

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 wishes to change its financial year-end date to 30 June each year. The applicant further states that it is believed that the financial year for this scheme should be 1 July to 30 June each year (beginning the first day of the month following the first annual general meeting, which was held in June 1990 in accordance with an order of the adjudicator.) The applicant has correctly identified the financial year – (section 330(9)(a) of the Act). However, in order to put the matter beyond doubt, the body corporate resolved at its annual general meeting held on 25 March 2004 to submit an application to the Commissioner for Body Corporate and Community Management to change the financial year for the scheme to 1 July to 30 June. The applicant has provided a copy of the relevant minute of the annual general meeting held on 25 March 2004. A note to the motion by the body corporate manager recorded that the reason for the suggestion was due to inconsistencies (presumably of the financial year) in past minutes/records.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change (or more correctly, confirmation) 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.