Vardon Point Apartments [2004] QBCCMCmr 555 (12 November 2004)

Last Updated: 30 September 2005

REFERENCE: 0708-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29516
Name of Scheme:	Vardon Point Apartments
Address of Scheme:	1 Millennium Circuit PELICAN WATERS QLD 4551

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

the Body Corporate for Vardon Point Apartments CTS 29516

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 Vardon Point Apartments Community Titles Scheme 29516 shall be 30 June 2005, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Vardon Point Apartments Community Titles Scheme 29516, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0708-2004

"Vardon Point Apartments" CTS 29516

The applicant, the body corporate for Vardon Point Apartments, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) as follows:

That the commissioner rule that the body corporate’s year end date be changed to 30^th June each year to conform with the Principal Body Corporate year end.

Section 276(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, about-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

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.

The applicant stated that it resolved on 22 October 2004 at the annual general meeting to change the year end date of the body corporate to conform with the Principal body corporate and subsidiary schemes. The applicant provided a copy of the minutes of the annual general meeting held on 22 October 2004.

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.