Ellington - Trees Apartments [2007] QBCCMCmr 414 (10 July 2007)

Last Updated: 17 July 2007

REFERENCE: 0579-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31221
Name of Scheme:	Ellington - Trees Apartments
Address of Scheme:	71 Beeston Street TENERIFFE QLD 4005

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Ellington-Trees Apartments community titles scheme 31221

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 Ellington-Trees Apartments community titles scheme 31221 shall be 30 September 2007. I further order that thereafter each successive financial year for the body corporate for Ellington-Trees Apartments community titles scheme 31221 shall commence on 1 October and end on 30 September.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0579-2007

"Ellington - Trees Apartments" CTS 31221

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 September.

Section 276(1)(b) 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 this Act. 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 its Annual General Meeting dated 21 June 2007, adjourned and reconvened on 28 June 2007, it passed the resolution "That the Body Corporate resolve to make an application to seek a declaratory order from the Commissioner for Body Corporate and Community Management to change the End of Financial Year date from 31 March to 30 September each year".

The body corporate has submitted that it is one of three subsidiary schemes, the scheme land for which forms part of the scheme land for the "Ellington on Teneriffe" community titles scheme 30676 (the principal scheme). It is stated that the financial year end dates for the principal scheme and the other subsidiary schemes is 30 September, and it is proposed to bring "Ellington-Trees Apartments" into line.

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 September.