Magic Mountain Apartments Two [2008] QBCCMCmr 145 (29 April 2008)

Last Updated: 1 May 2008

REFERENCE: 0358-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15853
Name of Scheme:	Magic Mountain Apartments Two
Address of Scheme:	Great Hall Drive MIAMI Q 4220

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

The Body Corporate

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 283 of the Act, the next financial year end date of the Body Corporate for Magic Mountain Apartments Two Community Titles Scheme 15853 shall be 30 April 2008, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Magic Mountain Apartments Two Community Titles Scheme 15853, shall commence on 1 May and terminate on 30 April, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0358-2008

“Magic Mountain Apartments Two” CTS 15853

The Applicant, the Body Corporate for Magic Mountain Apartments Two Community Titles Scheme 15853 has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) to give effect to Motion 3 of the AGM of 7 August 2007 which resolved to change the end of financial year 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 or the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –
283. Change of body corporate’s financial year.
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 applicant body corporate requests the change in financial year end date in line with the Body Corporate for Magic Mountain Apartments CTS 16977. The body corporate has requested that the financial year end date be changed to 30 April each year. I note that the body corporate, at the AGM held on 7 August 2007 resolved (by 15 to 0) to change the financial year end to 30 April (see motion 3 of relevant minutes).

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 changing its financial year-end date to the proposed date.

This order results in the body corporate having a one-off 11 month financial period. The body corporate appears to have made provision for this at its most recent annual general meeting.