Surf Club South Apartments [2005] QBCCMCmr 24 (14 January 2005)

Last Updated: 5 July 2005

REFERENCE: 0022-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	25784
Name of Scheme:	Surf Club South Apartments
Address of Scheme:	Marcoola Esplanade, MARCOOLA Q 4564

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

the Body Corporate for Surf Club South 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 Surf Club South Apartments Community Titles Scheme 25784 shall be 1/1/9831 December 2005 in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Surf Club South Apartments Community Titles Scheme 25784 shall commence on 1 January and terminate on 31 December each year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0022-2005

"Surf Club South Apartments" CTS 25784

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

To change the body corporate financial year ending to 31^st December each year, to coincide with Surf Club North.

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 December each year "to coincide withthose of Surf Club (North)". The body corporate duly resolved (by majority resolution) to this effect at the AGM held on 17 September 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.