Blue Lagoon Units [2003] QBCCMCmr 409 (6 March 2003)

Last Updated: 10 September 2007

P J HANLYREFERENCE: 0143-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10861
Name of Scheme:	Blue Lagoon Units
Address of Scheme:	3 Miller Street BARGARA QLD 4670

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

Roger McAllister, the co-owner of lot 1


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 Blue Lagoon Units Community Titles Scheme 10861 shall be 30 June 2003, in place of the previous financial year end date.

I further order that thereafter, each successive financial year for the Body Corporate for Blue Lagoon Units Community Titles Scheme 10861, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0143-2003

"Blue Lagoon Units" CTS 10861

The applicant, the Body Corporate for Blue Lagoon Units Community Titles Scheme 10861, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

The owners of the Blue Lagoon Units are seeking to have the financial year of our body corporate changed to 30^th June.

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.

The applicant has provided a copy of the minutes of the extraordinary general meeting held on 2 February 2003, at which it was determined that the financial year end date be changed from 31 October to 30 June.

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.fin year 30 June 20031 July30 Juneconveneince