One Park Road [2005] QBCCMCmr 352 (28 June 2005)

Last Updated: 2 August 2005

REFERENCE: 0453-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2114
Name of Scheme:	One Park Road
Address of Scheme:	1 Park Road MILTON QLD 4064

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for One Park Road Community Titles Scheme 2114

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (Act) and pursuant to section 283 of the Act, the next financial year-end date of the Body Corporate for One Park Road Community Titles Scheme 2114 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 One Park Road Community Titles Scheme 2114 shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0453-2005

"One Park Road" CTS 2114

The applicant body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme from 30 September to 30 June.

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), 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 has shown that at an Annual General Meeting dated 15 March 2005, it was resolved "That the Body Corporate make an application to the Commissioner for Body Corporate and Community Management to change the Financial year end of the Body Corporate by reducing the next financial year to 9 months to end on 30 June 2005 and that levies be issued for the three levy periods as agreed in the agenda".

The body corporate has submitted that it has been difficult to convene the annual general meeting within three months of the 30 September end of financial year as this is the busiest period of trading for lot owners.

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.