Broadbeach on the Park Retail [2009] QBCCMCmr 395 (13 October 2009)

Last Updated: 13 November 2009

REFERENCE: 0961-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	38001
Name of Scheme:	Broadbeach on the Park Retail
Address of Scheme:	70 Surf Parade BROADBEACH QLD 4218

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Broadbeach on the Park Retail

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 Broadbeach on the Park Retail Community Titles Scheme 38001 shall be 30 June 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Broadbeach on the Park Retail Community Titles Scheme 38001 shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0961-2009

“Broadbeach on the Park Retail” CTS 38001

Broadbeach on the Park Retail Community Titles Scheme 38001 (BPR) consists of two lots and common property. The scheme’s community management statement indicates the Body Corporate and Community Management (Commercial Module) Regulation 2008 (Commercial Module) applies to the scheme.

APPLICATION

This application was lodged on 13 October 2009 under the Body Corporate and Community Management Act 1997 (Act). The application was approved by the representative of both lots in the scheme on 29 August 2009.

The application names the applicant as the body corporate manager, Ernst Body Corporate Management Pty Ltd. Given the nature of the application, the appropriate applicant would in fact be the Body Corporate for BPR. However, as the application has been properly consented to and to avoid unnecessary delay I will not require clarification of this matter before proceeding.

This application seeks the following declaratory order:

To change the financial year end date to 30 June to align with the retail shops act.

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 does not state the current financial year end but seeks to change the end date to 30 June to align with the Retail Shop Leases Act 1994.

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 will result 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.

---

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