Bel Air Central [2002] QBCCMCmr 13 (11 January 2002)

DJ ReardonREFERENCE: 0009-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28686
Name of Scheme:	Bel Air Central
Address of Scheme:	2625 Gold Coast Highway, Broadbeach

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 Bel Air Central Community Titles Scheme 28686 shall be 31 May 2002, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Bel Air Central Community Titles Scheme 28686, shall commence on 1 June and terminate on 31 May, respectively. n31 May 20021 June 200231 May

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0009-2002

“Bel Air Central” CTS 28686

The applicant, the Body Corporate for Bel Air Central Community Titles Scheme 28686, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“That the anniversary date for the Body Corporate be amended to 31^st May in order that the financial year-end of each of the Bodies Corporate at Bel Air are the same.”

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 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 applicant, states that “The amendment is sought in order that the financial year end of the four bodies corporate at Bel Air are the same to facilitate preparation of accounts and the holding of annual general meetings”.

I note that the body corporate consented to a change in financial year at the reconvened annual general meeting for the scheme held on 28 December 2001. I further note that this meeting was an adjourned meeting, and the quorum was formed pursuant to section 46(4) of the Body Corporate and Community Management (Accommodation Module) Regulation 1997.

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. n31 May 20021 June 200231 May