Solito City Apartments Central Tower [2011] QBCCMCmr 209 (18 May 2011)

Last Updated: 14 July 2011

ADJUDICATOR’S ORDER
Office of the Commissioner
for Body Corporate and Community Management

CITATION:	Solito City Apartments Central Tower [ 2011] QBCCMCmr 209
PARTIES:	The Body Corporate (applicant)
SCHEME:	Solito City Apartments Central Tower CTS 40856
JURISDICTION:	Sections 227(2) and 229(3)(a) of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA), applying the BCCMA and the Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Accommodation Module).
APPLICATION NO:	0457-2011
DECISION DATE:	18 May 2011
DECISION OF:	Mr. R. Miskinis, Adjudicator
CATCHWORDS:	FINANCIAL MANAGEMENT – Section 283 of the BCCMA provides that with the consent of the body corporate, an order of an adjudicator may include a change of a body corporate’s financial year and of the dates when later financial years will begin.

ORDERS MADE:

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 Solito City Apartments Central Tower CTS 40856 shall be the last day of February in place of the previous financial year end date. I further order that, thereafter, each successive financial year of the Body Corporate for Solito City Apartments Central Tower CTS 40856 shall commence on 1 March and end on the last day of February.

REASONS FOR DECISION
Overview

_[1] The Solito City Apartments Central Tower CTS 40856 consists of 37 lots and common property. The Community Management Statement (CMS) indicates that the Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Accommodation Module) applies to the scheme.
_[2] This application was made by the Body Corporate on 17 May 2011, and seeks the following declaratory order:

That the Body Corporate’s financial year end be changed to the end of February so that it is in line with the other subsidiary Bodies Corporate of Solito.

_[3] The application is made pursuant to a unanimous resolution on motion 3 at the last annual general meeting. It was resolved to change the financial year end date so that it corresponds with the financial year end date for the principal body corporate and other subsidiary bodies corporate.
_[4] 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)).
_[5] 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

Conclusion

_[6] This is a matter which falls within the legislative dispute resolution provisions.[1] I am satisfied that the Body Corporate has properly consented to the proposed change of financial year and that it is appropriate to make an order changing the financial year end date to the last day of February each year.

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[1] See sections 227, 228, 276 and Schedule 5 of the Act