Daniells Terraces [2006] QBCCMCmr 66 (14 February 2006)

Last Updated: 19 December 2006

REFERENCE: 0094-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	4489
Name of Scheme:	Daniells Terraces
Address of Scheme:	47 Daniells Street CARINA QLD 4152

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

Mark John Wankiewicz, the Owner of lot 2

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 Daniells Terraces Community Titles Scheme 4489 shall be 30 June, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Daniells Terraces Community Titles Scheme 4489, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0094-2006

"Daniells Terraces" CTS 4489

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

That our financial year be changed to coincide with the fiscal year, that is to run from July 1^st to June 30^th.

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 the body corporate’s financial year-end date to 30 June each year. The applicant further states that the majority of owners are in favour of this change to simplify financial management of the body corporate by aligning the body corporate’s financial year with the fiscal year.

The applicant has provided copies of the written votes of three of the four owners which record 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.