The Bay Apartments [2010] QBCCMCmr 2 (5 January 2010)

Number of Scheme:	1592
Name of Scheme:	The Bay Apartments
Address of Scheme:	43 The Strand NORTH WARD QUEENSLAND 4810

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for The Bay Apartments

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 next financial year end date of the Body Corporate for The Bay Apartments Community Titles Scheme 1592 shall be 31 March 2010, in place of the previous financial year end date.

I further order that, thereafter, each successive financial year for the Body Corporate for The Bay Apartments Community Titles Scheme 1592 shall commence on 1 April and end on 31 March.

The Bay Apartments community titles scheme 1592 (The Bay Apartments) consists of 27 lots and common property. The community management statement (CMS) for The Bay Apartments indicates that the Body Corporate and Community Management (Standard) Regulation 2008 (Standard Module) applies to the scheme.

This application was made under the Body Corporate and Community Management Act 1997 (Act) by the Body Corporate for The Bay Apartments (applicant) on 4 January 2010, and seeks the following declaratory order:

To change the Body Corporate end of financial year from 31st December to 31st March. Please see attached a copy of the minutes from the Annual General Meeting held on 17th September 2009.

The application is made pursuant to Motion 14 of the Annual General Meeting (AGM) of the Body Corporate held on 17 September 2009, which passed with eight votes in favour and none against.

I am satisfied that this is a matter which falls within the legislative dispute resolution provisions.[1]

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 a claimed or anticipated contravention of the Act or the community management statement, or the exercise of rights or powers, or the performance of duties, under the Act or the community management statement. An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

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

Currently the end of financial year for The Bay Apartments is 31 December. The explanatory note for the motion approving the request to change this date indicates that this is an inconvenient date with the finalisation and auditing of accounts and the call for meeting motions and committee nominations required during the Christmas-New Year period. Accordingly the application seeks a change of the financial year end date to 31 March.

In the circumstances, I am satisfied that the Body Corporate has properly consented to the proposed change of the Body Corporate’s financial year and that it is appropriate to make an order changing the financial year end date to 31 March in each year.

This order results in the Body Corporate having an abnormal length financial year for one year. The Body Corporate should be cognisant of this fact when managing its financial affairs.

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

The Bay Apartments [2010] QBCCMCmr 2 (5 January 2010)