Dawson Place [2008] QBCCMCmr 294 (21 August 2008)

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

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Dawson Place [2008] QBCCMCmr 294 (21 August 2008)

Last Updated: 19 September 2008

REFERENCE: 0695-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8251
Name of Scheme:	Dawson Place
Address of Scheme:	197 Welsby Parade BRIBIE ISLAND QLD 4507

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 Dawson Place Community Titles Scheme 8251 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 Dawson Place Community Titles Scheme 8251, shall commence on 1 February and terminate on 31 January, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0695-2008

“Dawson Place” CTS 8251

The Applicant, the body corporate for the Dawson Place Community Titles Scheme 8251 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)
“A Declaratory Order stating that the Body Corporate’s Financial Year 1 November – 31 October be changed to 1 February – 31 January.”

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 financial year for the body corporate for Dawson Place Community Titles Scheme 8251 is currently 1 November – 31 October. The Annual General Meeting (AGM) is therefore held in January each year.

At the 2008 AGM (see motion 10 of relevant minutes) the body corporate resolved to change the financial year to 1 February – 31 January which will allow future AGMs to be held in March or April. The reason for this change being that the meeting held in January has had a low level of attendance and participation due to the Christmas/New Year holiday break. Holding the meetings later in the year should increase owners’ involvement.

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 15 month financial period. The body corporate appears to have made some provision for this at its most recent AGM.