Netanya Noosa [2002] QBCCMCmr 513 (21 August 2002)

P J HANLYREFERENCE: 0487-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17658
Name of Scheme:	Netanya Noosa
Address of Scheme:	75 Hastings Street NOOSA HEADS Q 4567

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Netanya Noosa

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 Netanya Noosa Community Titles Scheme 17658 shall be 31 December 2002, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Netanya Noosa Community Titles Scheme 17658, shall commence on 1 January and terminate on 31 December, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0487-2002

“Netanya Noosa” CTS 17658

The applicant, the Body Corporate for Netanya Noosa Community Titles Scheme 17658, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

That the body corporate be empowered to change the financial year end from 31^st January to 31^st December 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 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 timing of the present end of financial year means that the annual general meeting is traditionally held in April, which means that it usually falls during the Easter holiday break and a school holiday period, when accommodation is difficult to secure in Noosa for those owners wishing to attend the meeting.

I note that at the extraordinary general meeting held on 2 August 2002, the body corporate consented to the change in financial year.

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.changen31 December 20021 January31 Decemberconvenience