Carmel By The Sea [2009] QBCCMCmr 17 (20 January 2009)

Last Updated: 19 February 2009

REFERENCE: 0042-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16707
Name of Scheme:	Carmel By The Sea
Address of Scheme:	177 Old Burleigh Road BROADBEACH Q 4218

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Carmel By The Sea community titles scheme 16707

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Carmel By The Sea community titles scheme 16707 is 31 December 2009. I further order that each successive financial year for the Body Corporate will commence on 1 January and end on 31 December.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0042-2009

“Carmel By The Sea” CTS 16707

The scheme
“Carmel By The Sea” community titles scheme 16707 is subject to the Body Corporate and Community Management Act 1997 (Act).

Application
This application made by the Body Corporate seeks an order to change its financial year to end on 31 December each year.

Jurisdiction
Section 276(1)(b) 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 this Act. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (s 284(1), Act).

Section 283 of the Act specifically provides: 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
The Body Corporate submits that the change will allow more time for the committee to arrange the financial matters that must be considered at an annual general meeting. The Body Corporate say the current financial year end of 30 September leaves little time to arrange everything and hold an annual general meeting before Christmas.

The Body Corporate has shown that at its Annual General Meeting dated 24 November 2008 it resolved by ordinary resolution: “That the Body Corporate lodge an application with the Commissioner of Body Corporate and Community Management ... to change the Body Corporate financial year end date from 30th September to 31st December ...”

In the circumstances, I am satisfied that the Body Corporate has consented to the proposed change of its financial year and that it is appropriate to make an order to change the financial year end date to 31 December.