Northwind [2002] QBCCMCmr 60 (5 February 2002)

DJ ReardonREFERENCE: 0065-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10720
Name of Scheme:	Northwind
Address of Scheme:	The Esplanade MOOLOOLABA Q 4557

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 Northwind Community Titles Scheme 10720 shall be 31 January 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Northwind Community Titles Scheme 10720, shall commence on 1 February, and terminate on 31 January, respectively. n31 January 20031 February31 January

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0065-2002

“Northwind” CTS 10720

The applicant, the Body Corporate for Northwind Community Titles Scheme 10720, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“The Body Corporate seeks an order that the financial year for the body corporate be extended by three months from 31^st October each year to 31^st January each year with the current financial year to end on 31/1/2003”

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.

Section 58 of the Body Corporate and Community Management (Accommodation Module) Regulation 1997 provides that “An annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the scheme’s financial years”.

In the supporting grounds to the application, the applicant states that as a result of the current financial year, the body corporate is required to hold its annual general meeting during the busy holiday season. The applicant raises difficulties regarding accessibility of facilities for the meeting and, accommodation for owners attending the meeting.



I have been provided with a copy of the minutes of the annual general meeting for the “Northwind” community titles scheme, which was held on 19 January 2002. Motion 12 is recorded as follows:

“12. END OF FINANCIAL YEAR: RESOLVED by Ordinary Resolution that the End of Financial Year date for “Northwind” be changed from the 31^st October each year to the 31^st January each year due to the awkwardness of convening an Annual General Meeting at this peak holiday time of the year.

YES 18”

I note that there are 31 lots in the “Northwind” community titles 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.