Cairns One Precinct Two [2007] QBCCMCmr 294 (18 May 2007)

Last Updated: 27 June 2007

REFERENCE: 0411-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	36244
Name of Scheme:	Cairns One Precinct Two
Address of Scheme:	12 Gregory Street Cairns QLD 4870

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

the Body Corporate for Cairns One Precinct Two CTS 36244

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 Cairns One Precinct Two Community Titles Scheme 36244 shall be 30 April 2008, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Cairns One Precinct Two Community Titles Scheme 36244, shall commence on 1 May and terminate on 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0411-2007

"Cairns One Precinct Two" CTS 36244

ORDER SOUGHT

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

That under Section 283 BCCMA 1997 the scheme changes its end of financial year date to 30 April annually.
Furthermore that the current financial period be extended by an additional five months i.e. from 30 November 2007 to 30 April 2008.

JURISDICTION

Section 227(2) of the Act provides that an application by a person mentioned in subsection (1)(a) to (h) for a declaratory order about the operation of the Act is also a dispute even if there is no affected person for the application.

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 order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act provides as follows:–

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.

BACKGROUND

The applicant attached a copy of the minutes of the annual general meeting held on 2 May 2007, in which it was resolved that the body corporate change the financial year end-date to coincide with the financial year end-date of the principal scheme and the other subsidiary scheme, thereby allowing all annual general meetings to be held in the month of July.

The minutes further recorded that this would enable those owners who resided away from Cairns and who wished to attend not only their own subsidiary scheme’s annual general meeting but also the principal scheme’s annual general meeting a better opportunity to do so.


DETERMINATION

I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year end-date and that it is appropriate to make an order changing its financial year end-date to the proposed date.