The Oracle Tower 2 [2011] QBCCMCmr 289 (8 July 2011)

Last Updated: 16 August 2011

ADJUDICATOR’S ORDER
Office of the Commissioner
for Body Corporate and Community Management

CITATION:	The Oracle Tower 2 [2011] QBCCMCmr 289
PARTIES:	The Body Corporate for The Oracle Tower 2 (applicant)
SCHEME:	The Oracle Tower 2 CTS 41740
JURISDICTION:	Body Corporate and Community Management Act 1997 (Qld) (Act), ss 227(2), 229(3)(a) Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Accommodation Module)
APPLICATION NO:	0627-2011
DECISION DATE:	8 July 2011
DECISION OF:	May Tsui, Adjudicator
CATCHWORDS:	CHANGE OF FINANCIAL YEAR – whether an order should be made changing the financial year end date for the scheme. Act, s 283

ORDERS MADE:

I hereby order that, for the purposes of the Body Corporate and Community Management Act 1997, the next financial year end date of the Body Corporate for The Oracle Tower 2 Community Titles Scheme 41740 shall be 31 August 2011, in place of the previous financial year end date. I further order that each successive financial year of the Body Corporate for The Oracle Tower 2 Community Titles Scheme 41740 shall commence on 1 September and end on 31 August.

REASONS FOR DECISION
Overview

[1] The Oracle Tower 2 was created as a community titles scheme on 30 August 2010. The body corporate held its first annual general meeting on 1 June 2011 at which it resolved to change the financial year end date to 31 August. It was further resolved that an application be made to the Office of the Commissioner for Body Corporate and Community Management to seek an order to record this change of financial year end.
[2] The body corporate lodged this application under the Act on 5 July 2011 seeking the following declaratory order:

“That the financial year end for The Oracle Tower Two CTS 41740 be 31 August 2011 in place of the previous anniversary date.”

Jurisdiction

[3] I am satisfied that this matter falls within the legislative dispute resolution provisions.[1]
[4] An adjudicator may make an order that is just and equitable in the circumstances to resolve a dispute in a community titles scheme, about: a claimed or anticipated contravention of the Act or CMS, or the exercise of rights or powers or performance of duties under the Act or CMS.[2] An order may require a person to act, or prohibit a person from acting, in a way stated in the order. An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate.[3]
[5] 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

[6] 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 2011. Consequently, I am also ordering that each successive financial year will end on 31 August.

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[1] See sections 227, 228, 276 and Schedule 5 of the Act
[2] Section 276 of the Act
[3] Section 284(1) of the Act