Morningside Apartments [2000] QBCCMCmr 3 (10 January 2000)

REFERENCE: 0780-1999

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3176
Name of Scheme:	Morningside Apartments
Address of Scheme:	464 Wynnum Road MORNINGSIDE QLD 4170

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

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for Morningside Apartments Community Titles Scheme 3176 shall be 30 June 2000, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Morningside Apartments Community Titles Scheme 3176 shall commence on I July and terminate on 30 June.xxnxxxxxx n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0780-1999

“Morningside Apartments” CTS 3176

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

To change the financial year of “Morningside Apartments” CTS 3176 from 1^st May to 30 April to the generally accepted financial year, that is 1^st July to 30^th June. The current financial year which started on 1^st May 1999 should end 30^th June 2000 to enable the change to be made.

Section 223(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. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the case of a body corporate established under the 1980 Act, then unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of body corporates in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

In the case of a body corporate for a community titles scheme established other than under the 1980 Act, the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (schedule 4).

Section 229 provides that 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 future financial years begin.

In the supporting grounds, the applicant has submitted a copy of the minutes of an extraordinary general meeting held on 24 November 1999. Resolution 40 is for an application to be made to change the current financial year to end on 30 June 2000. The implication is that the financial year end is thereafter also to be 30 June.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to the date as proposed by the applicant. I have ordered accordingly.xxnxxxxxx