Brookwater Sanctuary Home Owners Club [2009] QBCCMCmr 408 (20 October 2009)

Last Updated: 13 November 2009

REFERENCE: 0992-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37887
Name of Scheme:	Brookwater Sanctuary Home Owners Club
Address of Scheme:	Botanic Crescent BROOKWATER QLD 4300

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate Brookwater Sanctuary Home Owners Club

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 Brookwater Sanctuary Home Owners Club Community Titles Scheme 37887 shall be 31 May 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Brookwater Sanctuary Home Owners Club Community Titles Scheme 37887 shall commence on 1 June and end on 31 May.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0992-2009

“Brookwater Sanctuary Home Owners Club” CTS 37887

Brookwater Sanctuary Home Owners Club Community Titles Scheme 37887 (Brookwater Sanctuary) consists of 31 lots and common property. The scheme’s community management statement indicates the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module) applies to the scheme.

APPLICATION

This application was made under the Body Corporate and Community Management Act 1997 (Act) by the Body Corporate for Brookwater Sanctuary (applicant) on 19 October 2009, and seeks the following declaratory order:

That the Body Corporate's financial year end be changed to 31 May so that it is in line with other Subsidiary Bodies Corporate at Brookwater.

The application is made pursuant to Resolution 13 of the Annual General Meeting (AGM) of the Body Corporate held on 17 September 2009. The motion passed with 16 votes in favour and nil against.

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

Brookwater Sanctuary is part of a layered scheme. The Principal Scheme’s financial year currently ends on 31 March. All subsiduary schemes are progressively moving to a financial year end of 31 May, to allow time to take into account the budgets set by the Principal Scheme in setting their own budgets. The change to the Brookwater Sancutary financial year end will achieve consistency with the other subsiduary schemes.

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 31 May in each year.

This order results 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.

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