Imperial View Apartments [2006] QBCCMCmr 187 (13 April 2006)

Last Updated: 19 December 2006

REFERENCE: 0265-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	9800
Name of Scheme:	Imperial View Apartments
Address of Scheme:	140 Frank Street LABRADOR QLD 4214

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

The Body Corporate

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 Imperial View Apartments Community Titles Scheme 9800 shall be 30 June 2006, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Imperial View Apartments Community Titles Scheme 9800 shall commence on 1 July and terminate on 30 June respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0265-2006

"Imperial View Apartments" CTS 9800

The Applicant, the body corporate for Imperial View Apartments Community Titles Scheme 9800 has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that the financial year end date for the body corporate be changed from 31 May 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 or 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 states that the primary purpose for the change is to provide the committee with sufficient time to co-ordinate the closing of financial records at the 30^th June each year and prepare for the annual general meeting to be held within three months from the end of June annually.

I note that the body corporate, at the AGM held on 6 August 2005 resolved (by 3 to 0 with 2 abstentions) to change the financial year end date from 31 May to 30 June and to lodge the necessary application with this office (see motion 14 of relevant minutes).

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.

This order results in the body corporate having a one-off 13 month financial year. The body corporate appears to have made provision for this at its most recent annual general meeting.