Garrick House [2006] QBCCMCmr 297 (9 June 2006)

Last Updated: 19 December 2006

REFERENCE: 0425-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	938
Name of Scheme:	Garrick House
Address of Scheme:	11 - 13 Garrick Street, PORT DOUGLAS QLD 4877

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

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 Garrick House Community Titles Scheme 938 shall be 28 February 2007, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Garrick House Community Titles Scheme 938, shall commence on 1 March and terminate on 28 February, (or 29 February in the case of leap years) respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0425-2006

"Garrick House" CTS 938

The Applicant, the body corporate for "Garrick House" Community Titles Scheme 938 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

Change of anniversary date from 31^st January year end to 28^th February year end. (Copy of minutes of general meeting approving change of date attached for your records)

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 or 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 change is requested because a larger number of body corporate members will be able to attend a meeting during the period March to May. I note that the body corporate, at the annual general meeting held on 4 May 2006 (4 days outside the statutory time frame prescribed in section 58 of the Body Corporate and Community Management (Acommodation Module) Regulation 1997 for holding an annual general meeting), resolved (by 11 to 1) to change the financial year end date to 28 February (see motion 8 of relevant minutes).

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.

This order will result in the body corporate having a one-off 13 month financial period. The body corporate should be cognisant of this fact and its effect on budgets, insurance policies and the like.