The Anchorage Moorings [2001] QBCCMCmr 548 (30 October 2001)

P J HANLYREFERENCE: 0651-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27605
Name of Scheme:	The Anchorage Moorings
Address of Scheme:	32 Bassett Street MACKAY QLD 4740

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for The Anchorage Moorings CTS 27605

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for The Anchorage Moorings Community Titles Scheme 27605 shall be 31 October 2001, in place of the previous financial year-end date.

I further order that thereafter, each successive financial year for the Body Corporate for The Anchorage Moorings Community Titles Scheme 27605, shall commence on 1 November and terminate on 31 October, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0651-2001

“The Anchorage Moorings” CTS 27605

The applicant, the Body Corporate for The Anchorage Moorings Community Titles Scheme 27605, 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’s year end date be changed to 31^st October 2001 and all years after 2001.

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 of the Act 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 all owners of the property have requested the body corporate financial year date be changed to synchronize with the other properties in the scheme. I note that the scheme is in a layered arrangement. I further note that owners resolved at an extraordinary general meeting held on 5 October 2001 to change the financial year-end date.

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.changen31 October 20011 November 200131 Octoberconformity