Northshore [2000] QBCCMCmr 77 (17 February 2000)

RA MeekREFERENCE: 0071-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	1030
Name of Scheme:	Northshore
Address of Scheme:	127 Arlington Esplanade CLIFTON BEACH QLD 4879

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

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 Northshore Community Titles Scheme 1030 shall be 31 May 2000, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Northshore Community Titles Scheme 1030, shall commence on 1 June and terminate on 31 May, respectively.That the anniversary date be changed to 31/5.n31 May 20001 June 200031 May

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0071-2000

“Northshore” CTS 1030

The applicant, the Body Corporate for Northshore Community Titles Scheme 1030, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

That the anniversary date be changed to 31/5.

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 at the AGM in October 1999, the body corporate resolved to change its anniversary date. The change is requested as a large number of owners live in southern states, and usually travel to Cairns during July / August for holidays. The change of financial year end date will allow the AGM to be held to coincide with this time.

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 anniversary date be changed to 31/5.n31 May 20001 June 200031 May