La Belle Pacifique [2007] QBCCMCmr 453 (30 July 2007)

Last Updated: 8 August 2007

REFERENCE: 0575-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	23367
Name of Scheme:	La Belle Pacifique
Address of Scheme:	Angler Street, Noosa Heads Queensland

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for La Belle Pacifique community titles scheme 23367

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for La Belle Pacifique community titles scheme 23367 shall be 29 February 2008. I further order that thereafter each successive financial year for the body corporate shall commence on 1 March and end on the last day of February.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0575-2007

"La Belle Pacifique" CTS 23367

An order of an adjudicator has been sought under the Body Corporate and Community Management Act 1997 (the Act) to change the end of financial year for the scheme to 28 February or 29 February in a leap year.

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), Act). Section 283 of the Act specifically provides that 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 application was initially made by the committee on the basis of a purported committee resolution in June 2007 under section 35 of the Body Corporate and Community Management (Standard Module) Regulation 1997. The applicant did not provide any material indicating that the body corporate had approved the change in financial year in general meeting. A resolution in general meeting is necessary before an application for an order to change a body corporate’s financial year can be made.

Given that the application was incorrectly made, Noosa District Body Corporate Management (the body corporate manager) was requested to seek written consents from the lot owners to the outcome being sought. On 26 July 2007, the body corporate manager provided copies of signed voting papers that proposed That the Body Corporate approve the lodgement of an application for a declaratory order for the purpose of changing the current year end date from 9^th of March each year to the 28^th of February (or 29^th of February on a leap year) each year. The manager also provided a copy of the body corporate roll. It is apparent that the owner (or their nominee) of each lot has signed the voting paper distributed by the manager agreeing to the change in the financial year.

In the circumstances, I am satisfied that the body corporate members consent to the proposed change of the body corporate’s financial year and that it is appropriate to make an order to change the financial year end date to the end of February.