Eacham Apartments [2005] QBCCMCmr 10 (10 January 2005)

Last Updated: 5 July 2005

REFERENCE: 0011-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28092
Name of Scheme:	Eacham Apartments
Address of Scheme:	2 Greenslopes Street, NORTH CAIRNS Q 4870

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for Eacham Apartments

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 Eacham Apartments Community Titles Scheme 28092 shall be 1/1/9831 July 2005 in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Eacham Apartments Community Titles Scheme 28092 shall commence on 1 August and terminate on 31 July the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0011-2005

"Eacham Apartments" CTS 28092

The applicant, the Body Corporate for Eacham Apartments, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

To change end of financial year date to 31^st July.

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.

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 specifically provides –

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 body corporate wishes to change its financial year-end date to 31 July each year. The body corporate duly resolved (by majority resolution) to this effect at an EGM held on 30 November 2004. The body corporate has submitted a copy of the relevant minute of the annual general meeting.

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.