Camford Square Two [2008] QBCCMCmr 394 (27 October 2008)

Last Updated: 6 November 2008

REFERENCE: 0917-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3277
Name of Scheme:	Camford Square Two
Address of Scheme:	10 Dorsey Street

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 Camford Square Two Community Titles Scheme 3277 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 Camford Square Two Community Titles Scheme 3277, shall commence on 1 January and terminate on 31 December, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0917-2008

“Camford Square Two” CTS 3277

The Applicant, the body corporate for Camford Square Two Community Titles Scheme 3277 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)
A declaratory order is sought, stating that the Financial Year for the Body Corporate of Camford Square Two CTS 3277 be changed from 1 November – 31 October to 1 January – 31 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. Due to a low record of attendance and involvement in previous General Meetings, at the Annual General Meeting held on 18 December 2007, the body corporate 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 the holding of the annual general meeting) be changed from 1 November – 31 October to 1 January – 31 December. This would allow the meetings to be held in March, and increase owners’ participation.

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. The body corporate appears to have made some provision for this at its most recent annual general meeting.