Bay Villas 2 [2004] QBCCMCmr 99 (17 February 2004)

Last Updated: 30 September 2005

REFERENCE: 0084-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29413
Name of Scheme:	Bay Villas 2
Address of Scheme:	51 - 53 Davidson Street, PORT DOUGLAS QLD 4871

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate of Bay Villas 2

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (Act) and pursuant to section 229 of the Act, the next financial year end date of the body corporate for Bay Villas 2 Community Titles Scheme (Bay Villas 2) shall be 30 September 2004, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the body corporate for Bay Villas 2, shall commence on 1 August and terminate on 30 September, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0084-2004

"Bay Villas 2" CTS 29413

The applicant, the body corporate for Bay Villas 2 Community Titles Scheme, lodged this application requesting that the end of financial year be changed to 30 September. The grounds state that the body corporate has, by ordinary resolution, requested that the end of year date be changed to 30 September so that a majority of the owners can attend the annual general meeting, and to facilitate the potential amalgamation with Bay Villas 1 Community Titles Scheme at a later date.

Section 276(1) of the Body Corporate and Community Management Act 1997 (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 (Act, 284).

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 (Act, 330(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 (Act – Schedule 6, "financial year").

Section 283 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.

In the supporting grounds, the applicant states that the proposed change of financial year will assist owners to attend the annual general meeting and facilitate any potential amalgamation with another scheme. I note that the body corporate has resolved to change its end of financial year date to 30 September.

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 YEARn31 March 20031 April 200331 Marchcon