Horizons Bargara [2002] QBCCMCmr 179 (10 April 2002)

DJ ReardonREFERENCE: 0197-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2992
Name of Scheme:	Horizons Bargara
Address of Scheme:	16 Miller Street BARGARA QLD 4670

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 Horizons Bargara Community Titles Scheme 2992 shall be 30 April 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Horizons Bargara Community Titles Scheme 2992, shall commence on 1 May and terminate on 30 April, respectively. n30 April 20031 May30 April

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0197-2002

“Horizons Bargara” CTS 2992

The applicant, the Body Corporate for Horizons Bargara Community Titles Scheme 2992, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the 1997 Act”), quote –

“That the financial year of the Body Corporate be amended to 30 April in each year”

Section 223(1) of the 1997 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 established under the Building Units and Group Titles Act 1980 (“the 1980 Act”), unless the first annual general meeting has not been held, the financial year for the scheme 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 a body 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) of the 1997 Act).

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 of the 1997 Act).

Section 229 of the 1997 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 later financial years begin”.

In the supporting grounds to the application, the Body Corporate indicates that a change in financial year, and the consequential change to the time the annual general meeting may be held, will enable all owners to attend the annual general meeting.

The Body Corporate Manager has provided me with a copy of the minutes of the annual general meeting of the body corporate held on 25 March 2002. The minutes record motion 12 in the following terms

“Moved that the Body Corporate Manager be authorised to make an application to the Adjudicator for a variation to the financial year end to enable the Annual General Meeting of the Body Corporate to be held in late June of each year. The new financial year to be 30 April in each year.”

The minutes record that the motion was carried with 4 votes in favour.

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. n30 April 20031 May30 April