Clarendon [2011] QBCCMCmr 17 (21 January 2011)

Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders

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Clarendon [2011] QBCCMCmr 17 (21 January 2011)

Last Updated: 21 February 2011

REFERENCE: 0030-2011

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11266
Name of Scheme:	Clarendon
Address of Scheme:	2964 Gold Coast Highway SURFERS PARADISE QLD 4217

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Clarendon community titles scheme 11266

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Clarendon community titles scheme 11266 shall be 30 June 2011 in place of the previous financial year end date. I further order that each successive financial year for the body corporate will commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0030-2011

“Clarendon” CTS 11266

The body corporate has sought an order to change its financial year to end on 30 June each year.

Section 276(1)(b) of the Body Corporate and Community Management Act 1997 (Act) provides an adjudicator may make an order, including a declaratory order, to resolve a dispute about the exercise of rights or powers, or the performance of duties under the Act. An application for a declaratory order about the operation of the Act is a dispute even if there is no respondent or affected person for the application (s 227(2), Act). Section 283 of the Act provides: “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”.

The body corporate has shown that at the extraordinary general meeting dated 15 December 2010 it approved changing the end of the financial year to 30 June. The body corporate submits the change in the financial year will be more convenient.

In the circumstances, I am satisfied it is appropriate to make an order to change the financial year in the terms sought.