Aqueous On Port [2009] QBCCMCmr 418 (26 October 2009)

Last Updated: 13 November 2009

REFERENCE: 1020-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33821
Name of Scheme:	Aqueous on Port
Address of Scheme:	3 - 5 Davidson Street PORT DOUGLAS QLD 4877

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Aqueous On Port

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 Aqueous on Port Community Titles Scheme 333821 shall be 30 September 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Aqueous on Port Community Titles Scheme 333821 shall commence on 1 October and end on 30 September.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1020-2009

“Aqueous On Port” CTS 33821

Aqueous on Port Community Titles Scheme 333821 (Aqueous on Port) consists of 37 lots and common property. The scheme’s community management statement indicates the Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Accommodation 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 Aqueous on Port (applicant) on 26 October 2009, and seeks the following declaratory order:

The body corporate wish to change the year end date from 30 June to 30 September.

The application is made pursuant to Motion 13 considered at the Annual General Meeting (AGM) of the Body Corporate on 24 September 2009, which was passed with 11 votes in favour, 5 against and 1 abstention.

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

Currently the financial year end date for Aqueous on Port is 30 June, with an AGM then required by 30 September each year. The proposed change to 30 September would require the AGM to be held by 31 December each year. The application states that the Body Corporate wish to change its financial year end date to enable more interstate investors to attend the AGM.

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 September in each year, commencing in 2010.

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