Avalon [2005] QBCCMCmr 41 (27 January 2005)

Last Updated: 5 July 2005

REFERENCE: 0054-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	19975
Name of Scheme:	Avalon
Address of Scheme:	138 Hansford Road COOMBABAH QLD 4216

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

the Body Corporate for Avalon CTS 19975

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 Avalon Community Titles Scheme 19975 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 Avalon Community Titles Scheme 19975, shall commence on 1 July and terminate on 30 June respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0054-2005

"Avalon" CTS 19975

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

To alter the financial year end date from the 30^th September each year to the 30^th June each year to take effect from 30 June 2005

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 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 wishes to change its financial year-end date to 30 June each year. The applicant further states that its present financial year-end date is 30 September but explains that this results in poorly attended annual general meetings during December because of the proximity to Christmas. The applicant hopes that holding the annual general meeting at an earlier time will result in more owners attending the meeting so as to provide more input into the running of the body corporate generally.

The applicant has provided a copy of the minutes of the annual general meeting held on 10 December 2004 (and adjourned to 17 December 2004) which records a decision to change the year-end date to 30 June each year.

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.