Bromley Court [2009] QBCCMCmr 159 (23 April 2009)

Last Updated: 7 May 2009

REFERENCE: 0377-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18150
Name of Scheme:	Bromley Court
Address of Scheme:	108 Bromley Street KANGAROO POINT QLD 4169

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

Kathy Young, the Bromley Court 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 Bromley Court Body Corporate shall be 30 April. I further order that thereafter each successive financial year for the Bromley Court Body Corporate shall commence on 1 May and end on 30 April.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0377-2009

“Bromley Court” CTS 18150

Application

The applicant has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to set the financial year end date for the scheme at 30 April.

I am advised that this scheme was previously self-managed on an informal basis and consequently no formal Annual General Meetings have been held in recent times. However the lot owners have now appointed a body corporate manager for the purposes of bringing the affairs of the scheme up to date and in compliance with legislation.

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 has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to set the financial year end date for the scheme at 30 April.
I also note that at the last committee meeting it was resolved that an application be made to this office seeking approval to set the financial year end date at 30 April.

In the circumstances, I am satisfied that it is appropriate to make an order changing the financial year end date to 30 April. Consequently, each successive financial year for the Bromley Court Body Corporate shall commence on 1 May and end on 30 April.