Balmoral Apartments [2009] QBCCMCmr 117 (19 March 2009)

Last Updated: 29 April 2009

REFERENCE: 0259-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3427
Name of Scheme:	Balmoral Apartments
Address of Scheme:	3 Wright Street BALMORAL QLD 4171

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 financial year end date of the Body Corporate for Balmoral Apartments shall be 30 June in place of the previous financial year end date. I further order that thereafter each successive financial year for the Body Corporate for Balmoral Apartments shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0259-2009

“Balmoral Apartments” CTS 3427

Application

The applicant 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 30 June.

Jurisdiction

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 of the
community management statement. 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 as follows:

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.

Determination

The applicant body corporate for Balmoral Apartments wishes to change the financial year for this scheme as it would be more convenient for budgeting and accounting purposes to have a financial year which begins on 1 July and ends on 30 June.

I note that at the last Annual General Meeting for the scheme, it was resolved that an application be made to this office seeking approval to change the financial year end date to 30 June.
In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of financial year and that it is appropriate to make an order changing the financial year end date to 30 June.