Descola Units [2009] QBCCMCmr 35 (5 February 2009)

Last Updated: 9 March 2009

REFERENCE: 0088-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11934
Name of Scheme:	Descola Units
Address of Scheme:	6 Noosa Drive NOOSA HEAD QLD 4567

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 2008 (Act) and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Descola Units 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 Descola Units will commence on 1 July and terminate on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0088-2009

“Descola Units” CTS 11934

Application

The applicant is the body corporate for Descola Units CTS 11934 and lodged this application requesting that its end of financial year be changed to 30 June 2009. The grounds state that this change is requested to allow for a more convenient time to hold the annual general meeting and minutes of the last annual general meeting indicate that owners passed a resolution seeking to have the financial year end date changed to 30 June 2009.

Jurisdiction

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) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Determination

In the case of a body corporate for a community titles scheme the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (Act – Schedule 6, “financial year”).

Section 283 of the Act provides that, 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 future financial years begin.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to 30 June as proposed by the applicant. I have ordered accordingly.FIN YEARn31 March 20031 April 200331 Marchcon