Baden East [2001] QBCCMCmr 243 (9 May 2001)

RA MeekREFERENCE: 0269-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28854
Name of Scheme:	Baden East
Address of Scheme:	Rainbow Beach Road RAINBOW BEACH QLD 4581

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 Baden East Community Titles Scheme 28854 shall be 28 February 2002, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Baden East Community Titles Scheme 28854, shall commence on 1 March and terminate on 28 February, respectively. 28 February 20021 March28 February

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0269-2001

“Baden East” CTS 28854

The applicant, the Body Corporate for Baden East Community Titles Scheme 28854, 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 Corporates year end date be changed to 28^th February 2001 and all years after 2001.

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 body corporate states that all owners ... have requested the body corporates financial year date be changed to synchronize with the other properties in the scheme (becoming a layered scheme). I have noted the body corporate resolution to this effect.

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. 28 February 20021 March28 February