172 Macquarie Gardens [2004] QBCCMCmr 359 (20 July 2004)

Last Updated: 30 September 2005

REFERENCE: 0444-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17676
Name of Scheme:	172 Macquarie Gardens
Address of Scheme:	172 Macquarie Street ST LUCIA QLD 4067

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for 172 Macquarie Gardens CTS 17676

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 ("the Act") and pursuant to section 283 of the Act, the next financial year end date of the Body Corporate for 172 Macquarie Gardens Community Titles Scheme 17676 shall be 31 August in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for 172 Macquarie Gardens Community Titles Scheme 17676, shall commence on 1 September and terminate on 31 August, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0444-2004

"172 Macquarie Gardens" CTS 17676

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act"), quote –

That the financial year end for the body corporate for 172 Macquarie Gardens community titles scheme 17676 be changed from 31 December each year to 31 August each year.

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, to resolve a dispute, in the context of a community titles scheme, about the exercise of rights or powers, or the performance of duties under this Act of the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act provides as follows:–

283. Change of body corporate’s financial year.

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 later financial years begin.

In the supporting grounds, the applicant stated that each year the annual general meeting is held over the Christmas/New Year period as the current financial year ends on 31 December. The applicant further stated that in order to enable more lot owners to attend the annual general meeting the body corporate considered that the financial year should end at some date outside the festive season, and an order is therefore sought to enable that to occur.

The applicant has provided a copy of the minutes of the annual general meeting held on 24 June 2004, which record a decision to change the year-end date to 31 August each year.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of the body corporate’s financial year and that it is appropriate to make an order changing its financial year-end date to the proposed date.