Kelso Villas [2006] QBCCMCmr 88 (28 February 2006)

Last Updated: 19 December 2006

REFERENCE: 0134-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19451
Name of Scheme:	Kelso Villas
Address of Scheme:	39 Morne Street, CAPALABA

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), the next financial year end date of the Body Corporate for Kelso Villas Community Titles Scheme shall be 31 July in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Kelso Villas Community Titles Scheme shall commence on 1 August and terminate on 31 July the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0134-2006

"Kelso Villas" CTS 19451

Application

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

To change the financial year end to 31st July each year and the Annual General Meeting be held within the time required by the Act.

The applicant advises that the reason for the change is that the current financial year end date results in the date of the AGM being too close to the Christmas/ New Year period when many owners are away on holidays.

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 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

I have been provided with a copy of the minutes recording the (unanimous) resolution by the body corporate to bring this application. In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the financial year end date and that it is appropriate to make an order changing the financial year end date to the proposed date of 31 July.