Balaclava Court [2006] QBCCMCmr 21 (16 January 2006)

Last Updated: 19 July 2006

REFERENCE: 0033-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	921
Name of Scheme:	Balaclava Court
Address of Scheme:	21 Balaclava Road EARLVILLE QLD 4870

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

the Body Corporate for Balaclava Court

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 Balaclava Court Community Titles Scheme 921 shall be 1/1/9831 March 2006 in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Balaclava Court Community Titles Scheme 921 shall commence on 1 April and terminate on 31 March the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0033-2006

"Balaclava Court" CTS 921

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

Change financial year to 31^st March (as at 2006).

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 states that at the EGM of the body corporate held on 14 March 2005, the body corporate resolved to change the financial year end date to 31 March.

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.