Bel Air North [2002] QBCCMCmr 26 (22 January 2002)

P J HANLYREFERENCE: 0028-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29659
Name of Scheme:	Bel Air North
Address of Scheme:	Gold Coast Highway BROADBEACH

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Bel Air North

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 North Community Titles Scheme 29659 shall be 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 North Community Titles Scheme 29659, shall commence on I June and terminate on 31 May, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0028-2002

“Bel Air North” CTS 29659

The applicant, the Body Corporate for Bel Air North Community Titles Scheme 29659, 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) 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 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 at the extraordinary general meeting held on 28 September 2001, the body corporate authorised the secretary to make this application.

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 fin year 31 May 2002I June31 Maysame as four