Emerald Lakes - The Islands Apartments [2008] QBCCMCmr 12 (15 January 2008)

Last Updated: 22 February 2008

REFERENCE: 0018-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	36275
Name of Scheme:	Emerald Lakes-The Islands Apartments
Address of Scheme:	Emerald Islands Drive CARRARA QLD 4211

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Emerald Lakes-The Islands Apartments community titles scheme 36275

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 Emerald Lakes-The Islands Apartments community titles scheme 36275 shall be 31 March 2008. I further order that thereafter each successive financial year for the body corporate for Emerald Lakes-The Islands Apartments community titles scheme 36275 shall commence on 1 April and end on 31 March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0018-2008

"Emerald Lakes-The Islands Apartments" CTS 36275

The Body Corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme to 31 March.

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 (s284(1), Act). Section 283 of the Act specifically provides 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.

At the Extraordinary general meeting dated 12 January 2007, the Body Corporate resolved "that the Body Corporate prepares and submits an application to the Commissioner for Body Corporate and Community Management and any other Body required in order to change the Body Corporate End of Financial Year to the 31^St March in line with the other Subsidiary Bodies Corporate at Emerald Lakes".

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 31 March.