Villa Samos [2010] QBCCMCmr 32 (25 January 2010)

Last Updated: 19 March 2010

REFERENCE: 0075-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29776
Name of Scheme:	Villa Samos
Address of Scheme:	13 Hervey Street PACIFIC PINES QLD 4211

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

the Body Corporate for Villa Samos

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 Villa Samos Community Titles Scheme 29776 shall be 30 April 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Villa Samos Community Titles Scheme 29776 shall commence on 1 May and end on 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0075-2010

“Villa Samos” CTS 29776

Villa Samos community titles scheme 29776 (Villa Samos) consists of 35 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 Villa Samos (applicant) on 22 January 2010, and seeks the following declaratory order:

That the financial year be changed to end on the 30 April each year.

The application is made pursuant to Motion 3 at an Annual General Meeting (AGM) of the Body Corporate on 14 January 2010, which was passed with nine 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

The application says that the current financial year for Villa Samos is 31 October, resulting in the AGM being held in December or January. This is an inconvenient time for owners, with many unable to attend AGMs. A change of date is expected to result in larger AGM attendances.

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 April 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