Lagoons @ Port [2008] QBCCMCmr 22 (22 January 2008)

Last Updated: 1 March 2008

REFERENCE: 0044-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	35761
Name of Scheme:	Lagoons @ Port
Address of Scheme:	cnr Langley Road & Davidson Streets PORT DOUGLAS QLD 4877

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 and pursuant to section 283 of that Act, the next financial year end date of the body corporate for Lagoons@Port CTS 35761 shall be 31st August 2008 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Lagoons@Port, shall commence on 1st September and terminate on the last day of August.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0044-2008

“Lagoons @ Port” CTS 35761

APPLICATION

This is an application dated 18^th January 2008 by the body corporate for Lagoons@Port CTS 35761 (the body corporate) for an order that the financial year end for the scheme be changed from 31^st July to 31^st August each year.

JURISDICTION

“Lagoons@Port” Community Title Scheme 35761 is a community title scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Accommodation Module) Regulation 1997. There are 45 lots in the scheme.

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 the exercise of rights or powers, or the performance of duties, under the Act. An adjudicator's order may contain ancillary and consequential provisions which the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act 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.

SUBMISSION

The application attaches minutes of an annual general meeting held on 31^st October 2007 whereby it was resolved by motion 11 and a vote 9-3 that the financial year end be changed to 31^st August. The body corporate says that the reason for change is so that owners can hold the annual general meeting at a time when they can use their own units, without disadvantaging their own rental income.

DETERMINATION

Whilst I do not entirely understand the advantage gained by lot-owners in being able to extend the time in which it must hold the annual general meeting by one month, to include the month of November, that is entirely a matter for the body corporate. I am satisfied that the body corporate has consented to the proposed change. Section 283 Act couches the order which can be made in the terms of the commencement of future financial years. Thus the current financial year end will be 31^st August 2008, and future financial years will commence on 1^st September.