Mooloolaba Central [2001] QBCCMCmr 66 (9 February 2001)

P J HANLYREFERENCE: 0062-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	27445
Name of Scheme:	Mooloolaba Central
Address of Scheme:	Venning Street MOOLOOLABA QLD 4557

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Mooloolaba Central CTS 27445

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 Mooloolaba Central Community Titles Scheme 27445 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 Mooloolaba Central Community Titles Scheme 27445, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0062-2001

“Mooloolaba Central” CTS 27445

The applicant, the Body Corporate for Mooloolaba Central CTS 7445, 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 30^th June 2001 and 30^th June for 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 the owners of the lots have requested that the body corporate’s financial year-end date be changed to fit in with their business year-end date, being 30 June. I note that the body corporate resolved at the recent annual general meeting to change the year-end date to 30 June.

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.change financial yearn30 June 20011 July30 Junebusiness