Soho [2010] QBCCMCmr 329 (15 July 2010)

Last Updated: 1 September 2010

REFERENCE: 0661-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	34679
Name of Scheme:	Soho
Address of Scheme:	51 Peel Street and Corner Cordelia Street SOUTH BRISBANE QLD 4101

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 Soho Community Titles Scheme 34679 shall be 31 July 2010, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Soho Community Titles Scheme 34679 shall commence on 1 August and terminate on 31 July, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0661-2010

“Soho” CTS 34679

The Applicant, the body corporate for Soho Community Titles Scheme 34679 has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act)

That the next financial year end date be changed to 31 July 2010, and thereafter each financial year to commence on 1 August and end on 31 July respectively.

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.

The applicant body corporate states that the current financial year for the scheme is 1 November to 31 October each year, which requires the annual general meeting of the body corporate to be held by 31 January each year. It is stated that the Committee has difficulty meeting this deadline as they are required to hold their budget committee meeting and issue the notice for the AGM during the Christmas/New Year holiday period each year.

I note that the body corporate, at an extraordinary general meeting held on 8 July 2010, resolved (by 8 to 1) to change the financial year end date to 31 July (see motion 2 of relevant minutes).

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 nine month financial period and it will need to make appropriate provision for this, if it has not done so already.