Noosa Crest 1 [2011] QBCCMCmr 8 (10 January 2011)

Last Updated: 21 February 2011

REFERENCE: 0016-2011

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6860
Name of Scheme:	Noosa Crest 1
Address of Scheme:	2 Noosa Drive NOOSA HEADS QLD 4567

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Noosa Crest 1

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 Noosa Crest 1 Community Titles Scheme 6860 shall be 30 June 2011, in place of the previous financial year end date. I further order that, thereafter, each successive financial year for the Body Corporate for Noosa Crest 1 Community Titles Scheme 6860 shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0016-2011

“Noosa Crest 1” CTS 6860

Noosa Crest 1 community titles scheme 6860 (Noosa Crest 1) consists of 23 lots and common property. The scheme’s community management statement (CMS) indicates the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard 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 Noosa Crest 1 (applicant) on 10 January 2011, and seeks the following declaratory order:

A change of the body corporate's financial year and of the dates when later financial years begin from 1 August to 1 July.

The application is made pursuant to Motion 9 at an Annual General Meeting (AGM) of the Body Corporate on 28 October 2010, which was passed with 11 votes in favour and none 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 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

Noosa Crest 1 and Noosa Crest 2 share common property, assets and administrative arrangements. However their financial years currently end on 31 July and 30 June respectively. The schemes seek align their financial year end dates so improve administration and enable relevant meetings to be held concurrently.

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 30 June in each year.

This order results in the Body Corporate for Noosa Crest 1 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