Noosavillage II [2000] QBCCMCmr 69 (15 February 2000)

C G YOUNGREFERENCE: 0065-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19770
Name of Scheme:	Noosavillage II
Address of Scheme:	167 Gympie Terrace, NOOSAVILLE

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 Noosavillage II Community Titles Scheme 19770 shall be 30 November 2000, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Noosavillage II Community Titles Scheme 19770 shall commence on 1 December and terminate on 30 November.xxnxxxxxxxx

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0065-2000

“Noosavillage II” CTS 19770

The applicant, the Body Corporate for Noosavillage II Community Titles Scheme 19770, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

That the Body Corporate be empowered to change the financial year end from 31^st December to 30 th November each year.

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 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)).

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 the annual general meeting held on 31 January 2000. Resolution 9 is for a change in the financial year to end on 30 November each year. The grounds state that the body corporate wishes to hold its annual general meeting in February when more owners will be available to attend; this is because letting owners wish to rent their units during the Christmas holidays and this prevented owners attending previous meetings which were held in January.

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 its financial year end date to the proposed date.xxnxxxxxxxx