Emerald Lakes - Town Centre Residential [2009] QBCCMCmr 3 (8 January 2009)

Last Updated: 19 February 2009

REFERENCE: 0007-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	39103
Name of Scheme:	Emerald Lakes - Town Centre Residential
Address of Scheme:	The Boulevard CARRARA QLD 4211

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 and pursuant to section 283 of that Act, the next financial year end date of the body corporate for Emerald Lakes – Town Centre Residential CTS 39103 shall be 31st March 2009 in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Emerald Lakes – Town Centre Residential CTS 39103, shall commence on 1st April and terminate on the last day of March.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0007-2009

“Emerald Lakes - Town Centre Residential” CTS 39103

APPLICATION

This is an application dated 17th December 2008 but received by this Office on 6th January 2009 by the body corporate for Emerald Lakes – Town Centre Residential CTS 39103 (the body corporate) for an order that the financial year end for the scheme be changed to 31st March.

JURISDICTION

“Emerald Lakes – Town Centre Residential” Community Titles Scheme 39103 is a subsidiary scheme of Emerald Lakes CTS 31623, the principal scheme, and governed by the Body Corporate and Community Management Act 1997 (the Act) and the Body Corporate and Community Management (Accommodation Module) Regulation 2008. There are 39 lots in the scheme.

Section 276(1) 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 the Act. An adjudicator's order may contain ancillary and consequential provisions which the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 of the Act provides that, with the consent of the body corporate, the order of the adjudicator may include a change to the body corporate’s financial year and to the dates when
later financial years begin.

SUBMISSION

The application has attached to it minutes of the first extraordinary general meeting held on 14th November 2008, whereby it was resolved that the scheme’s financial year end be changed to 31st March.

The body corporate says that the change will bring the scheme into line with the other subsidiary schemes of the principal scheme.

DETERMINATION

I am satisfied that the body corporate has consented to the proposed change in the date of the scheme financial year. Section 283 Act couches the order which can be made in the terms of the commencement of future financial years. Thus the current financial year end will be 31st March 2009, and future financial years will commence on 1st April.