Terrence 21 [2010] QBCCMCmr 5 (5 January 2010)

Last Updated: 18 March 2010

REFERENCE: 1214-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37346
Name of Scheme:	Terrence 21
Address of Scheme:	21 Terrence Road BRENDALE QLD 4500

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Terrence 21

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 Terrence 21 Community Titles Scheme 37346 shall be 31 May 2010, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Terrence 21 Community Titles Scheme 37346 shall commence on 1 June and end on 31 May.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1214-2009

“Terrence 21” CTS 37346

Terrence 21 community titles scheme 37346 (Terrence 21) consists of four lots and common property. The scheme’s community management statement 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 Terrence 21 (applicant) on 24 December 2009, and seeks the following declaratory order:

Declaratory order only. That the financial year be changed to end on the 31 May each year.

The application is made pursuant to Motion 3 at the adjourned Annual General Meeting (AGM) of the Body Corporate on 21 December 2009, which was passed with 1 vote 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 advises that currently the financial year ends on 31 August, resulting in AGMs being held in late November. This inconveniences owners wishing to attend AGMs and so 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 31 May 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