Riparian Plaza Apartments [2007] QBCCMCmr 99 (23 February 2007)

Last Updated: 6 March 2007

REFERENCE: 0156-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	34665
Name of Scheme:	Riparian Plaza Apartments
Address of Scheme:	71 Eagle Street BRISBANE QLD 4000

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

the Body Corporate, through its body corporate manager

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 Riparian Plaza Apartments shall be 30th June 2007 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Riparian Plaza Apartments, shall commence on 1st July and terminate on the last day of June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0156-2007

"Riparian Plaza Apartments" CTS 34665

APPLICATION

The Applicant is the body corporate for Riparian Plaza Apartments community titles scheme 34665. The Applicant requests through its body corporate manager, Ernst Body Corporate Management Pty Ltd, by application dated 15^th February 2007, that the end of financial year be changed to 30^th June.


JURISDICTION

"Riparian Plaza Apartments" Community Title Scheme 34665 is a community title scheme governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Standard Module) Regulation 1997. There are 48 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 29^th January 2007 passed a resolution at an annual general meeting, that an application be made to this Office to change the financial year end date to 30^th June. A copy of the minutes of that meeting supplied with the application show that the vote on this motion was 21 – 0 in favour.

DETERMINATION

In the circumstances, I am satisfied that the body corporate has consented to the proposed change.

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 July.

Thus the current financial year end will be 30^th June 2007, and future financial years will commence on 1^st July.