Genesis Coomera 03 [2010] QBCCMCmr 339 (22 July 2010)

Last Updated: 1 September 2010

REFERENCE: 0684-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	40658
Name of Scheme:	Genesis Coomera 03
Address of Scheme:	Amity and Foxwell Road, Coomera, QLD, 4209

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

The Body Corporate for Genesis Coomera 03

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 Genesis Coomera 03 shall be 31 March 2011, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Genesis Coomera 03 shall commence on 1 April and end on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0684-2010

“Genesis Coomera 03” CTS 40658

Genesis Coomera 03 Community Titles Scheme 40658 (Genesis Coomera 03) consists of 51 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 Genesis Coomera 03 (applicant) on 20 July 2010, and seeks the following declaratory order:

That the Body Corporate change it Financial Year End Date from 30 September to 31 March so that the Body Corporate can more accurately prepare its budges in line with the Principal Body Corporate.

The application is made pursuant to Motion 24 of the Annual General Meeting dated 31 May 2010. The resolution agreed to change the end of financial year to 31 March, with 31 votes in favour of the motion and no votes against or abstaining.

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 a change of financial year is sought to bring the Body Corporate’s end of financial year date in line with the Principal Body Corporate’s end of financial year date.

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 March in each year.

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