Diamond Hill [2008] QBCCMCmr 189 (5 June 2008)

Last Updated: 26 June 2008

REFERENCE: 0451-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30621
Name of Scheme:	Diamond Hill
Address of Scheme:	1 Sauvignon Crescent UPPER COOMERA QLD 4209

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 Diamond Hill Community Titles Scheme 30621 shall be 31 January 2009, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Diamond Hill Community Titles Scheme 30621, shall commence on 1 February and terminate on 31 January, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0451-2008

“Diamond Hill” CTS 30621

The Applicant, the body corporate for Diamond Hill Community Titles Scheme 30621 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

That the body corporate year end date be changed from 30 September each year to 31 January each 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 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 year end date of 30 September means that the annual general meeting (AGM) each year is to be held by 31 December. Due to the Christmas/New Year period, the meeting is brought forward to early December. Each year there has been a struggle to obtain a quorum and few owners attend personally, given that it is a busy holiday period. A more convenient time frame for owners is requested, outside of the Christmas holiday period whereby more owners would be able to attend the committee budget meeting and the AGM.

I note that the body corporate, at its committee meeting of 16 May 2008, resolved (by 5 to 0) to lodge an application with this office to change the financial year end date from 30 September to 31 January (see motion (e) (Body Corproate Financial Year End) 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 16 month financial period. If it has not done so already, the body corporate will have to ensure provision is made for this and, if necessary, call an extraordinary general meeting in the interim.