Cameron Place [2008] QBCCMCmr 456 (8 December 2008)

Last Updated: 7 January 2009

REFERENCE: 1051-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13064
Name of Scheme:	Cameron Place
Address of Scheme:	82 Cameron Street NUNDAH QLD 4012

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

The Body Corporate, for Cameron Place

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) the financial year start date for the Cameron Place Body Corporate shall be 1 July And the financial year end date shall be 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1051-2008

“Cameron Place” CTS 13064

APPLICATION

The applicant is the body corporate for Cameron Place community title scheme which has sought an order that the body corporate be permitted to change the end date of its financial year to 30 June so that the financial year runs from 1 July to 30 June.

JURISDICTION

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-
(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or
(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

In this regard, section 283 of the Act specifically provides as follows:

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.

DETERMINATION

At the last annual general meeting for the scheme on 5 July 2008 and adjourned to 23 August, all 6 owners voted in favour of the following motion:

The body corporate consents to the future body corporate financial years being from 1 July to 30 June according to the financial records prepared by P Corry and accepted by the administrator.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of financial year and that it is appropriate to make an order changing its financial year start date to 1 July and changing the financial year end date to 30 June.