Calmwater Shores [2002] QBCCMCmr 482 (1 August 2002)

RA MeekREFERENCE: 0443-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30203
Name of Scheme:	Calmwater Shores
Address of Scheme:	Calmwater Shores Oyster Cove HOPE ISLAND QLD 4212

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Calmwater Shores

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 Calmwater Shores Community Titles Scheme 30203 shall be 31 August 2002, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Calmwater Shores Community Titles Scheme 30203, shall commence on 1 September and terminate on 31 August, respectively. n31 August 20021 September31 August

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0443-2002

“Calmwater Shores” CTS 30203

The applicant, the Body Corporate for Calmwater Shores Community Titles Scheme 30203, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

That the body corporate’s financial year end date is 31^st August in each year.

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, 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 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 scheme is a layered scheme. The financial year end date for the principal body corporate is 31 July. “As all the subsidiary schemes make a contribution to the Principal Body Corporate it is advantageous for the financial year end of the body corporate to be one month after the Principal Scheme”.

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 August 20021 September31 August