New Haven Villas [2001] QBCCMCmr 225 (18 April 2001)

C G YOUNGREFERENCE: 0233-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20467
Name of Scheme:	New Haven Villas
Address of Scheme:	73/75 New Haven Street PIALBA QLD 4655

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 Newhaven Villas Links East Community Titles Scheme 20467 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 Newhaven Villas Community Titles Scheme 20467 shall commence on 1 July and terminate on 30 June.xxnxxxxxxxx
C G YOUNG 2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0233-2001

“Newhaven Villas ” CTS 20467

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 end of body corporate year from 31^st August to 30^th June and to make administration and sinking funds annual fees due on 30^th June 2001 be applied to the year ended 30^th June 2002.

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 bodies corporate 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.

The applicant body corporate wishes to align its financial year-end date with the tax year. While the body corporate has not passed a resolution to this effect, seven of the 10 owners have responded positively to a notice sent to each owner seeking the change (I understand another agreed to the change but failed to sign the relevant document). In the circumstances I am prepared to accept the responses as sufficient in satisfying section 229. I would also point out in this instance that the section merely makes provision for changing the year-end date and therefore the reference in the order sought regarding the fees due on 30 June 2001 are irrelevant, and the normal procedures under the legislation will apply in respect of these contributions.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.