Zanzibar Mooloolaba [2000] QBCCMCmr 526 (17 October 2000)

P J HANLYREFERENCE: 0391-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27494
Name of Scheme:	Zanzibar Mooloolaba
Address of Scheme:	The Esplanade MOOLOOLABA QLD 4557

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Zanzibar Mooloolaba CTS 27494

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 Zanzibar Mooloolaba Community Titles Scheme 27494 shall be 31 December, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Zanzibar Mooloolaba Community Titles Scheme 27494, shall commence on 1 January and terminate on 31 December, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0391-2000

“Zanzibar Mooloolaba” CTS 27494

The applicant, the Body Corporate for Zanzibar Mooloolaba Community Titles Scheme 27494, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

The Commission rule that the body corporate year end remains 31 December as all budgets and levies have previously indicated.

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 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 the body corporate has determined that the year end date is to be 31 December and levies have been resolved at general meeting to end on this date. The applicant has provided a copy of the minutes of an extraordinary general meeting held on 29 September 2000 at which the body corporate resolved to retain 31 December as the year end date, and also resolved to bring this application.

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.fin yearn31 December1 January31 Decembervvv