20 Kenneally Road [2009] QBCCMCmr 6 (12 January 2009)

Last Updated: 19 February 2009

REFERENCE: 0020-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37721
Name of Scheme:	20 Kenneally Road
Address of Scheme:	20 Kenneally Road

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 1997 (“the Act”) and pursuant to section 283 of the Act, the next financial year end date of the Body Corporate for 20 Kenneally Road Community Titles Scheme 37721 shall be 31 May 2009, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the 20 Kenneally Road Community Titles Scheme 37721, shall commence on 1 June and terminate on 31 May, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0020-2009

“20 Kenneally Road” CTS 37721

The Applicant, the body corporate for 20 Kenneally Road Community Titles Scheme 37721, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)
“Change of Financial Year Dates from 1/11/2007 to 31/10/2008 to 01/06/2008 – 31/05/2009.”

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, 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 or the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –
283. Change of body corporate’s financial year.
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.

At the adjourned Extraordinary General Meeting (EGM) held on 27 May 2008 it was resolved (3 votes to nil) to change the financial year end to 31 May (see motion 1 of relevant minutes). The change is requested to bring levies in line with the financial year and the annual general meeting.

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 its financial year-end date to the proposed date.

This order results in the body corporate having a one-off 7 month financial period, from 1 November 2008 to 31 May 2009.