Brookwater Heights Home Owners Club [2008] QBCCMCmr 14 (15 January 2008)

Last Updated: 22 February 2008

REFERENCE: 0021-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	30713
Name of Scheme:	Brookwater Heights Home Owners Club
Address of Scheme:	Brookfield Drive SPRINGFIELD QLD 4300

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Brookwater Heights Home Owners Club community titles scheme 30713

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 Brookwater Heights Home Owners Club community titles scheme 30713 shall be 31 May 2008. I further order that thereafter each successive financial year for the body corporate for Brookwater Heights Home Owners Club community titles scheme 30713 shall commence on 1 June and end on 31 May.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0021-2008

"Brookwater Heights Home Owners Club" CTS 30713

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 May.

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.

The Body Corporate has shown that at its Annual General Meeting dated 22 May 2007 adjourned to 29 May 2007, it "Resolved that the Body Corporate submit 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 May in line with the other Subsidiary Body Corporate’s at Brookwater and the Chairperson and any other Committee Member be authorised to execute the documents to facilitate this change".

The Body Corporate has sought the order for these reasons. 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 May.