Xanadu North [2007] QBCCMCmr 597 (18 October 2007)

Number of Scheme:	26993
Name of Scheme:	Xanadu North
Address of Scheme:	77 Pacific Street MAIN BEACH QLD 4217

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

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 Xanadu North Community Titles Scheme 26993 shall be 30 November 2007, in place of the previous financial year end date.

I further order that, thereafter, each successive financial year for the Body Corporate for Xanadu North Community Titles Scheme 26993 shall commence on 1 December and end on 30 November.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0817-2007

"Xanadu North" CTS 26993

Xandu North community titles scheme (Xanadu North) consists of 75 lots and common property. The scheme’s community management statement (CMS) indicates the Body Corporate and Community Management (Accommodation Module) Regulation 1997 (Accommodation Module) applies to the scheme.

APPLICATION

This application was made under the Body Corporate and Community Management Act 1997 (Act) by the Body Corporate for Xanadu North (applicant) on 18 October 2007. The application is made pursuant to Resolution 3 at an Annual General Meeting (AGM) of the Body Corporate on 24 August 2007.

The application seeks the following outcome:

The consent of the Commissioner of Body Corporate and Community Management to the implementation of:

Resolved that the Body Corporate submit an application to the Commissioner for Body Corporate and Community Management and any other Body requires in order to change the Body Corporate End of Financial Year to the 30th November in line with the other Bodies Corporate of Xanadu PBC CTS 26361 and Xanadu East CTS 26380, and the Chairperson and any other Committee Member be authorised to execute the documents to facilitate this change."

VOTE: YES: 25 NO: NIL ABSTAIN: NIL

JURISDICTION

I am satisfied that this is a matter which falls within the legislative dispute resolution provisions.^[1]

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:

(b) the exercise of rights or powers, or the performance of duties, under the Act or the CMS; or

(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 that, with the consent of the body corporate, the order of the adjudicator may include a change of a body corporate’s financial year and of the dates when later financial years will begin.

DETERMINATION

The Body Corporate wishes to change its financial year end to bring it into line with its principal body corporate, the Body Corporate for Xanadu CTS 26361, and another subsidiary scheme, the Body Corporate for Xanadu East CTS 26380.

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 November in each year.

This order results in the Body Corporate having an abnormal length financial year for one year. The Body Corporate should be cognisant of this fact when managing its financial affairs.

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

Xanadu North [2007] QBCCMCmr 597 (18 October 2007)