Quinton Cottages II [2008] QBCCMCmr 101 (18 March 2008)

Last Updated: 21 April 2008

REFERENCE: 0234-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	25141
Name of Scheme:	Quinton Cottages II
Address of Scheme:	492 Main Street, KANGAROO POINT QLD 4169

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

the Body Corporate

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 Quinton Cottages II Community Titles Scheme 25141 shall be 31 December 2008, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Quinton Cottages II Community Titles Scheme 25141, shall commence on 1 January and terminate on 31 December, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0234-2008

“Quinton Cottages II” CTS 25141

The Applicant, the body corporate for Quinton Cottages II Community Titles Scheme 25141 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)
To change the financial year of the Body Corporate from 1st November – 31st October to 1st January – 31st December.

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

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.

The applicant body corporate states that the current financial year for the scheme is 1 November to 31 October each year. The current financial year is stated to present a nuisance to the committee and body corporate manager each year. The Act provides that the AGM must be held in the 3 month “window” after the financial year end, in the case of Quinton Cottages II, between November and the end of January. During this time, the new proposed budgets need to be drawn up, the committee consider those and any other building works etc and the actual AGM needs to be held – all during the Christmas-New Year period. The body corporate has requested that the financial year end date be changed to 31 December each year. I note that the body corporate, at the AGM held on 6 March 2008 resolved (by 9 to 0) to change the financial year end date to 31 December (see resolution 9 of relevant minutes).

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.
This order results in the body corporate having a one-off 14 month financial period.