Sherwood Inn [2009] QBCCMCmr 149 (16 April 2009)

Last Updated: 7 May 2009

REFERENCE: 0344-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	4923
Name of Scheme:	Sherwood Inn
Address of Scheme:	502 - 507 Oxley Road SHERWOOD QLD 4075

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 and pursuant to section 283 of that Act, the next financial year end date of the body corporate for Sherwood Inn CTS 4923 shall be 30 June 2009 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Sherwood Inn CTS 4923, shall commence on 1 July and terminate on the last day of June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0344-2009

“Sherwood Inn” CTS 4923

APPLICATION

This is an application dated 7 April 2009 by the body corporate for Sherwood Inn CTS 4923 (the body corporate), for an order that the financial year end for the scheme be changed to 30 June.

JURISDICTION

“Sherwood Inn” Community Titles Scheme 4923 is governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 2008. There are 17 lots in the scheme.

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

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

SUBMISSION

The application has attached to it minutes of the annual general meeting held on 27 March 2009, whereby it was resolved 7 – 0 that the scheme’s financial year end be changed to 30 June.

The body corporate says that the change will enable more owners to come to the annual general meeting which currently has to be held in February or March, around the holiday and Christmas period. The current financial year ends on 31 December.

DETERMINATION

I am satisfied that the body corporate has consented to the proposed change in the date of the scheme financial year. Section 283 Act couches the order which can be made in the terms of the commencement of future financial years. Thus the current financial year end will be 30 June 2009, and future financial years will commence on 1 July.