Tiara Lodge [2005] QBCCMCmr 479 (26 August 2005)

Last Updated: 30 September 2005

REFERENCE: 0617-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	9225
Name of Scheme:	Tiara Lodge
Address of Scheme:	121 Margate Parade MARGATE QLD 4019

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Tiara Lodge

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) and pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for Tiara Lodge Terraces Community Titles Scheme 9225 shall be 1/1/9830 June 2006 in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Tiara Lodge Terraces Community Titles Scheme 9225 shall commence on 1 July and terminate on 30 June the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0617-2005

"Tiara Lodge" CTS 9225

The applicant, the body corporate for Tiara Lodge Terraces Community Titles Scheme 9225 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote –

...a request by all members of the 4 units to change the date of the end of the financial year to June 30^th as from 2006 ...

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.

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 states that the reason for the proposed change is:

... to enable us to have our AGM after this date. Three of these units are occupied by ladies on their own and the other is occupied by a couple who occupy it only from July to Sept each year. ... We request this date therefore to be altered.

The body corporate has carried a motion that the financial year be extended to June 30^th as from 2006 at a meeting held on 21 July 2005.

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.