The Crest Apartments [2002] QBCCMCmr 10 (10 January 2002)

DJ ReardonREFERENCE: 0016-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29115
Name of Scheme:	The Crest Apartments
Address of Scheme:	59 Golf Links Road BUDERIM Q 4556

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 The Crest Apartments community titles scheme 29115 shall be 31 December 2002, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for The Crest Apartments community titles scheme 29115, shall commence on 1 January and terminate on 31 December, respectively.THAT the Commissioner orders the body corporate to change its year end date to 31st Decembern31 December1 January31 December

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0016-2002

“The Crest Apartments” CTS 29115

The applicant, the Body Corporate for The Crest Apartments community titles scheme 29115, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“THAT the Commissioner orders the body corporate to change its year end date to 31^st December.”

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, 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)).

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 “The owners have requested the change of year end as considered that the year end should be either the calendar year or the financial year and consider it more appropriate that the calendar year be adopted.”

I note that the body corporate consented to the change of financial year end date at an extraordinary general meeting held on 3 January 2002.

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 Commissioner orders the body corporate to change its year end date to 31st Decembern31 December1 January31 December