Calmwater Shores [2011] QBCCMCmr 3 (5 January 2011)

Last Updated: 21 February 2011

REFERENCE: 1191-2010

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30203
Name of Scheme:	Calmwater Shores
Address of Scheme:	Oyster Cove HOPE ISLAND QLD 4212

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Calmwater Shores community titles scheme 30203

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Calmwater Shores community titles scheme 30203 shall be 30 June 2011 in place of the previous financial year end date. I further order that each successive financial year for the body corporate will commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1191-2010

“Calmwater Shores” CTS 30203

The body corporate has sought an order to change its financial year to end on 30 June each year.

Section 276(1)(b) of the Body Corporate and Community Management Act 1997 (Act) provides an adjudicator may make an order, including a declaratory order, to resolve a dispute about the exercise of rights or powers, or the performance of duties under the Act. An application for a declaratory order about the operation of the Act is a dispute even if there is no respondent or affected person for the application (s 227(2), Act). Section 283 of the Act provides: “With the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin”.

The body corporate has shown that at the annual general meeting dated 20 November 2010 it approved changing the financial year from 1 September to 31 August to 1 July to 30 June. The body corporate submits the change in the financial year will align budget calculations with the principal body corporate.

In the circumstances, I am satisfied it is appropriate to make an order to change the financial year in the terms sought.