Crestview Villas [2008] QBCCMCmr 61 (21 February 2008)

Last Updated: 17 April 2008

REFERENCE: 0136-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20268
Name of Scheme:	Crestview Villas
Address of Scheme:	85 View Crescent, ARANA HILLS QLD 4054

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 Crestview Villas Community Titles Scheme 20268 shall be 30 June 2008, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Crestview Villas Community Titles Scheme 20268 shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0136-2008

“Crestview Villas” CTS 20268

The Applicant, the body corporate for Crestview Villas Community Titles Scheme 20268 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

That the financial year be changed to end on 30th of June each year.

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 September to 31 August each year. The body corporate has requested that the financial year end date be changed to 30 June each year "for accounting and taxation purposes". I note that the body corporate, at the AGM held on 15 November 2007 resolved (by 10 to 0) to change the financial year end date to 30 June (see motion 11 of relevant minutes).

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 ten month financial period. The body corporate appears to have made provision for this at its most recent annual general meeting.