Reef Terraces (Two) [2008] QBCCMCmr 261 (4 August 2008)

Last Updated: 12 September 2008

REFERENCE: 0635-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18180
Name of Scheme:	Reef Terraces (Two)
Address of Scheme:	121-137 Port Douglas Road PORT DOUGLAS QLD 4871

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Reef Terraces (Two) community titles scheme 18180

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 Reef Terraces (Two) community titles scheme 18180 shall be 31 March 2009. I further order that thereafter each successive financial year for the Body Corporate shall commence on 1 April and end on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0635-2008

“Reef Terraces (Two)” CTS 18180

The scheme
“Reef Terraces (Two)” community titles scheme 18180 is subject to the Body Corporate and Community Management Act 1997 (Act).

Application
This application is by the Body Corporate for an order to change its financial year from 1 October – 30 September to 1 April – 31 March.

Jurisdiction
Section 276(1)(b) 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 this Act. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (s 284(1), Act).

Section 283 of the Act specifically provides 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.

Determination
The Body Corporate submits that the annual general meeting is currently held in December each year, and that attendance at the meeting has been poor due to the Christmas holiday period. The Body Corporate has shown that at its Annual General Meeting dated 15 March 2008 it “RESOLVED that in order to move the date for holding the Annual General Meeting away from the Christmas/New Year period each year, the financial year of the Body Corporate (which determines the date for holding the Annual General Meeting) be changed from 1 October – 30 September to 1 April – 31 March and that an application be made to the Commissioner for Body Corporate and Community Management for an adjudicator to make an order to approve the change”.

In the circumstances, I am satisfied that the Body Corporate has properly consented to the proposed change of its financial year and that it is appropriate to make an order to change the financial year end date to 31 March.