Elena's Eden [2007] QBCCMCmr 346 (6 June 2007)

Last Updated: 5 July 2007

REFERENCE: 0488-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	509
Name of Scheme:	Elena’s Eden
Address of Scheme:	94 Dearness Street, Garbutt

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Elena’s Eden community titles scheme 509

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Elena’s Eden community titles scheme 509 shall be 30 April 2008. I further order that thereafter each successive financial year for the body corporate shall commence on 1 May and end on 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0488-2007

"Elena’s Eden" CTS 509

The body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) to change the end of financial year for the scheme to 30 April.

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), Act). Section 283 of the Act specifically 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".

The body corporate has shown that at an Extraordinary General Meeting dated 16 May 2007, it passed the resolution "That the body corporate...submit an application to the Commissioners Office to change the body corporate financial year end from the 31^st January to 30^th April to bring the financial year end in line with meetings and levies".

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 to change the financial year end date to 30 April.