Plantation At Rainbow Commercial Scheme [2011] QBCCMCmr 19 (21 January 2011)

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

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Plantation At Rainbow Commercial Scheme [2011] QBCCMCmr 19 (21 January 2011)

Last Updated: 21 February 2011

REFERENCE: 0040-2011

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	41002
Name of Scheme:	Plantation At Rainbow Commercial Scheme
Address of Scheme:	1 Rainbow Beach Road RAINBOW BEACH QLD 4581

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

The Body Corporate for Plantation At Rainbow Commercial Scheme

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 Plantation At Rainbow Commercial Scheme Community Titles Scheme 41002 shall be 31 October 2011, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Plantation At Rainbow Commercial Scheme Community Titles Scheme 41002 shall commence on 1 November and end on 31 October.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0040-2011

“Plantation At Rainbow Commercial Scheme” CTS 41002

Plantation At Rainbow Commercial Scheme Community Titles Scheme 41002 (Plantation At Rainbow Commercial Scheme) consists of 9 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 Plantation At Rainbow Commercial Scheme (applicant) on 21 January 2011, seeking the following declaratory order:

A change of the body corporate’s financial year and of the dates when later financial years begin from 1 March to 1 November.

The application is made pursuant to Motion 6 of the Inaugural General Meeting of the Body Corporate dated 8 November 2010. The resolution agreed to change the end of financial year to 31 October, with nine votes in favour, no votes against and no abstentions.

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

Currently, the Body Corporate’s end of financial year date is 28 February. The application says a change of financial year end date is sought to bring the Body Corporate’s end of financial year date in line with that of the Accommodation and Principal schemes.

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 October in each year.

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