Verandah's [2009] QBCCMCmr 119 (19 March 2009)

Last Updated: 29 April 2009

REFERENCE: 0269-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	29502
Name of Scheme:	Verandah’s
Address of Scheme:	7 Davidson Street PORT DOUGLAS QLD 4871

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

The Body Corporate for Verandah’s.

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 Verandah’s shall be 31 October in place of the previous financial year end date. I further order that thereafter each successive financial year for the Verandah’s Body Corporate shall commence on 1 November and end on 31 October.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0269-2009

“Verandah’s” CTS 29502

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 31 October.

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 advises that it wishes to change the end date of the financial year for the Verandah’s body corporate to 31 October.

I note that at the last AGM it was unanimously resolved that the body corporate change its financial year end date to 31 October and it was also resolved that an application be made to this office seeking approval to change the financial year end date.

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 31 October.