Ormiston Springs [2006] QBCCMCmr 319 (20 June 2006)

Last Updated: 19 December 2006

REFERENCE: 0393A-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28884
Name of Scheme:	Ormiston Springs
Address of Scheme:	122 - 138 Gordon Street ORMISTON QLD 4160

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

the Body Corporate of Ormiston Springs

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) the next financial year end date of the Body Corporate for Ormiston Springs Community Titles Scheme shall be 30 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 Ormiston Springs Community Titles Scheme shall commence on 1 July and terminate on 30 June the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0393A-2006

"Ormiston Springs" CTS 28884

APPLICATION

The body corporate for Ormiston Springs has made this application seeking the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote:

That the financial year of the body corporate be changed to 1 July to 30 June in each year.

The applicant body corporate states that at the last AGM of the body corporate held on 20 February 2006, the body corporate resolved to change the financial year end date to 30 June instead of 30 November.

As the current financial year end occurs on 30 November the process to be followed (e.g. holding budget committee meetings, conducting the annual audit and preparing the meeting notice) to hold the annual general meeting each year occurs over the Christmas/ New Year holiday period. During this period many lot owners are on vacation and it is difficult to organise the AGM. By changing the financial year, the annual general meeting can be held at a time when most lot owners and committee members will be available.

JURISDICTION

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.

DETERMINATION

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 the financial year-end date to 30 June in each year.