Villa Di Komo [2006] QBCCMCmr 460 (22 August 2006)

Last Updated: 19 December 2006

REFERENCE: 0649-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	608
Name of Scheme:	Villa Di Komo
Address of Scheme:	7 Armstrong Street, QUEENSLAND 4812

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

the Body Corporate of lot Villa Di Komo

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 Villa Di Komo Community Titles Scheme 608 shall be 31 May 2007, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Villa Di Komo Community Titles Scheme 608, shall commence on 1 June and terminate on 31 May, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0649-2006

"Villa Di Komo" CTS 608

The applicant, the body corporate for Villa Di Komo has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote to:

"Change the end of financial year to 31 May as per extra-ordinary general meeting – attached".

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.

An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

In this regard, section 283 of the Act specifically provides as follows:

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 minutes note that the Body Corporate wishes to have the financial year end date changed to 31 May on the ground that the members would like to hold the annual general meeting while a majority of owners can attend the meeting. The present year end date does not allow for the Body Corporate to hold the meeting during June to August.

A copy of the minutes has been provided. There are four lots in the scheme and the minutes record four votes in favour of the motion.

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.