Campus Tech Park 2 [2010] QBCCMCmr 379 (19 August 2010)

Last Updated: 23 September 2010

REFERENCE: 0778-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	39722
Name of Scheme:	Campus Tech Park 2
Address of Scheme:	17-19 University Way, Meadowbrook, Qld 4131

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Campus Tech Park 2

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 Campus Tech Park 2 Community Titles Scheme 39722 shall be 31 August 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Campus Tech Park 2 Community Titles Scheme 39722 shall commence on 1 September and end on 31 August.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0778-2010

“Campus Tech Park 2” CTS 39722

Campus Tech Park 2 community titles scheme 39722 (Campus Tech Park 2) consists of seven lots and common property. The community management statement (CMS) for Campus Tech Park 2 indicates the Body Corporate and Community Management (Commercial Module) Regulation 2008 (Commercial 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 Campus Tech Park 2 (applicant) on 17 August 2010, and seeks the following declaratory order:

Change in end of financial year to bring this subsidiary scheme into line with the first subsidiary scheme and PBC. The current year is 31 January, we would like it to align with the financial year of 31 August.

The application is made pursuant to Resolution 2 at a reconvened Annual General Meeting (AGM) of the Body Corporate on 2 July 2010.

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 CMS, or the exercise of rights or powers, or the performance of duties, under the Act or the CMS. 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

Campus Tech Park 2 is part of a layered scheme arrangement and the applicant seeks to bring the financial year end of this subsiduary scheme into line with that of the principal scheme.

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 August in each year. Our Office has verbally confirmed that the Body Corporate is requesting that this change has effect from 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