12-14 Elwell Street [2009] QBCCMCmr 61 (23 February 2009)

Last Updated: 9 March 2009

REFERENCE: 0147-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	36055
Name of Scheme:	12-14 Elwell Street
Address of Scheme:	12-14 Elwell Street MORNINGSIDE QLD 4170

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 (Act) and pursuant to section 283 of the Act, the next financial year end date of the body corporate for 12-14 Elwell Street Community Titles Scheme (Elwell Street) shall be 31 July 2009, in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Elwell Street will commence on 1 August and terminate on 31 July.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0147-2009

“12-14 Elwell Street” CTS 36055

The applicant, the body corporate for 12-14 Elwell Street, lodged this application requesting that its end of financial year be changed to 31 July. The grounds state that this change is requested to allow for a more convenient time to hold the annual general meeting and minutes of the last annual general meeting indicate that owners passed a resolution seeking to have the financial year end date changed to 31 July.

Section 276(1) of the Body Corporate and Community Management Act 1997 (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. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (Act, 284).

In the case of a body corporate established under the 1980 Act, unless the first annual general meeting has not been held, the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of bodies corporate in respect of which the referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (Act, 330(9)).

In the case of a body corporate for a community titles scheme established other than under the 1980 Act, the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (Act – Schedule 6, “financial year”).

Section 283 of the Act provides that, 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 future financial years begin.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is reasonable and appropriate to make an order changing this body corporate’s financial year end date to the date as proposed by the applicant. I have ordered accordingly.FIN YEARn31 March 20031 April 200331 Marchcon