Portside Noosa Waters [2003] QBCCMCmr 328 (15 January 2003)

Last Updated: 7 September 2007

RA MeekREFERENCE: 0033-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16592
Name of Scheme:	Portside Noosa Waters
Address of Scheme:	2 - 4 Portside Court NOOSAVILLE QLD 4566

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

RA Meek

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 Portside Noosa Waters Community Titles Scheme 16592 shall be 30 September 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Portside Noosa Waters Community Titles Scheme 16592, shall commence on 1 October and terminate on 30 September, respectively. n30 September 20031 October30 September

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0033-2003

"Portside Noosa Waters" CTS 16592

The applicant, the Body Corporate for Portside Noosa Waters Community Titles Scheme 16592, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

... the next financial year end date of the body corporate for Portside Noosa Waters shall be 30 September 2004 in place of the previous financial year end date and further that thereafter, each financial year end for the body corporate for Portside Noosa Waters shall commence on 1 October and terminate on 30 September respectively.

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 body corporate states that at the most recent AGM the body corporate resolved that "because the AGM is required to be held in peak holiday letting season and non resident owners do not attend AGM, the body corporate manager be authorised to make application. The preferred financial year end of 30 September will allow more owner representation at the AGM held on October / November each 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. n30 September 20031 October30 September