Lymaron Villa [2000] QBCCMCmr 459 (12 September 2000)

P G DanielsREFERENCE: 0508-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	8479
Name of Scheme:	Lymaron Villa
Address of Scheme:	301 Bridge Street TOOWOOMBA QLD 4350

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 Lymaron Villa Community Titles Scheme 8479 shall be 30 June 2001, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Lymaron Villa Community Titles Scheme 8479, shall commence on 1 July and terminate on 30 June, respectively.That the financial year end be changed to 30 June each yearn30 June 20011 July30 June 2001No records of the first annual general meeting exist to determine the actual year end date. An order is sought to formalise the year end date for the following reasons:-1. Lack of records in relation to early meetings2. To align the financial year end with their determined levy periods3. To allow the annual general meeting to be held between July and September each year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0508-2000

“Lymaron Villa” CTS 8479

The applicant, the Body Corporate for Lymaron Villa Community Titles Scheme 8479, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) –

That the financial year end be changed to 30 June each year

Section 223(1) 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 corporate’s 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, states that no records of the first annual general meeting exist to determine the actual year end date. An order is sought to formalise the year end date for the following reasons:-
1. Lack of records in relation to early meetings2. To align the financial year end with their determined levy periods3. To allow the annual general meeting to be held between July and September each year.

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.That the financial year end be changed to 30 June each yearn30 June 20011 July30 June 2001No records of the first annual general meeting exist to determine the actual year end date. An order is sought to formalise the year end date for the following reasons:-1. Lack of records in relation to early meetings2. To align the financial year end with their determined levy periods3. To allow the annual general meeting to be held between July and September each year.