Gateway Views [2002] QBCCMCmr 408 (21 June 2002)

P J HANLYREFERENCE: 0362-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2559
Name of Scheme:	Gateway Views
Address of Scheme:	15 Mayfield Street, CARINA QLD 4152

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Gateway Views CTS 2559

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 Gateway Views Community Titles Scheme 2559 shall be 28 February 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Gateway Views Community Titles Scheme 2559, shall commence on 1 March and terminate on 28 February, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0362-2002

“Gateway Views” CTS 2559

The applicant, the Body Corporate for Gateway Views Community Titles Scheme 2559, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

The body corporate is seeking an order to have the financial year of the body corporate changed from 1 January-31 December to 1 March-28 February each year.

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 established under the 1980 Act, then 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 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 committee recommended a change of the body corporate’s financial year because at present the first levy is due on 1 January, being not only a public holiday but also in the peak holiday season when levies are sometimes overlooked by owners. The applicant further states that the requested change will assist in reducing late levy payments caused by the holiday period.

I note that the body corporate consented to the proposed change at the annual general meeting held on 16 February 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.change fin year 28 February 20031 March28 Februaryconvenience