M1 [2009] QBCCMCmr 168 (28 April 2009)

Last Updated: 7 May 2009

REFERENCE: 0393-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	34814
Name of Scheme:	M1
Address of Scheme:	1-7 Duporth Avenue MAROOCHYDORE QLD 4558

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 M1 Community Titles Scheme 34814 shall be 28 February 2010, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the M1 Community Titles Scheme 34814, shall commence on 1 March and terminate on 28 or 29 February (as appropriate), respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0393-2009

“M1” CTS 34814

The Applicant, the body corporate for “M1” Community Titles Scheme 6557, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

“That the financial year for the body corporate be amended from 30 November each year to 28 February each year with the current financial year to end on 28 February 2010.”

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.

At the Annual General Meeting (AGM) held on 26 February 2009 it was resolved (30 votes to 1) to change the end of financial year date from 30 November to 28 February each year to allow future Budget Meetings to be held in the month of March, away from the pre-Christmas period that can make it difficult for owners to attend, and further that the body corporate manager prepare and lodge the relevant application to the Commissioner for Body Corporate accordingly (see motion 14 of relevant minutes).

The body corporate has, by ordinary resolution, approved the change of financial year and requests that approval be granted by the Commissioner. The change will enable future budget meetings to be held in the month of March, away from the pre-Christmas period that can make it difficult for owners to attend.

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 15 month financial period, from 1 December 2008 to 28 February 2010. The body corporate appears to have made some provision for this at the AGM of 26 February 2009.