Jenner Place [2009] QBCCMCmr 132 (26 March 2009)

Last Updated: 17 September 2009

REFERENCE: 0284-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16542
Name of Scheme:	Jenner Place
Address of Scheme:	94 Jenner Street Nundah Qld 4013

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Jenner Place

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 Jenner Place Community Titles Scheme 16542 shall be 30 June 2009, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Jenner Place Community Titles Scheme 16542 shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0284-2009

“Jenner Place” CTS 16542

Jenner Place community titles scheme 16542 (Jenner Place) consists of four lots and common property. The scheme’s community management statement indicates the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module) applies to the scheme.

APPLICATION

This application was made under the Body Corporate and Community Management Act 1997 (Act) by the Body Corporate for Jenner Place (applicant) on 25 March 2009, and seeks the following declaratory order:

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

The application is made pursuant to Resolution 3 at the Annual General Meeting (AGM) of the Body Corporate on 23 March 2009. The resolution agreed to change the end of financial year from 31 December 2008 to 30 June 2009, with two votes in favour, none against and no abstentions.

JURISDICTION

I am satisfied that this is a matter which falls within the legislative dispute resolution provisions.[1]

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 claimed or anticipated contravention of the Act or the community management statement, or the exercise of rights or powers, or the performance of duties, under the Act or the community management statement. An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act specifically provides that, with the consent of the body corporate, the order of the adjudicator may include a change of a body corporate’s financial year and of the dates when later financial years will begin.

DETERMINATION

The application says that the current financial year end date of 31 December results in AGMs being held during the Christmas and holiday period, which has caused inconvenience for owners in attending AGMs. The proposed new date is expected to result in large attendances at AGMs.

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 the financial year end date to 30 June in each year.

This order results in the Body Corporate having an abnormal length financial year for one year. The Body Corporate should be cognisant of this fact when managing its financial affairs. The minutes for the March AGM indicate that this has been noted.

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[1] See sections 227, 228, 276 and Schedule 5 of the Act