Emerald Lakes - The Cove [2006] QBCCMCmr 692 (21 December 2006)

Last Updated: 27 March 2007

REFERENCE: 1073-2006

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30595
Name of Scheme:	Emerald Lakes - The Cove
Address of Scheme:	1 The Cove Crescent CARRARA QUEENSLAND 4211

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

the Body Corporate for a declaratory order -

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of that Act, the next financial year end date of the body corporate for Emerald Lakes – The Cove shall be 31st March 2007 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Emerald Lakes – The Cove, shall commence on 1st April and terminate on the last day of March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 1073-2006

"Emerald Lakes - The Cove" CTS 30595

APPLICATION

The Applicant is the body corporate for Emerald Lakes – The Cove community titles scheme, which is a subsidiary body corporate in a layered scheme. The Applicant requests by application dated 13^th December 2006, that the end of financial year be changed from 30^th September to the 31^st March.


JURISDICTION

"Emerald Lakes – The Cove" Community Title Scheme 30595 is a community title scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Accommodation Module) Regulation 1997. There are 100 lots in the scheme.

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 the exercise of rights or powers, or the performance of duties, under the Act or the community management statement.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act provides that, 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.


SUBMISSION

The grounds state that the body corporate on 12^th December 2006 passed a resolution at an annual general meeting that the financial year end date be moved to 31^st March in line with the other subsidiary bodies corporate at Emerald Lakes. The reason given is to allow for more accurate financial reporting in relation to the principal body corporate levies and to remove any delay in receiving any benefits that may be passed on to this body corporate.

DETERMINATION

In the circumstances, I am satisfied that the body corporate has consented to the proposed change. Further, the change appears to be reasonable and appropriate.

Section 283 couches the order which can be made in the terms of the commencement of future financial years. The body corporate’s financial year will in future commence on 1^st April.

Thus the current financial year end will be 31^st March 2007, and future financial years will commence on 1^st April.