Salacia Apartments One [2011] QBCCMCmr 52 (15 February 2011)

Last Updated: 18 March 2011

REFERENCE: 0133-2011

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	42045
Name of Scheme:	Salacia Apartments One
Address of Scheme:	17 Killowill Avenue PARADISE POINT QLD 4216

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Salacia Apartments One community titles scheme 42045

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 Salacia Apartments One community titles scheme 42045 shall be 31 July 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 August and end on 31 July.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0133-2011

“Salacia Apartments One” CTS 42045

The body corporate has sought an order to change its financial year to end on 31 July 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 14 December 2010 it resolved to make an application to the Commissioner for Body Corporate and Community Management to change the end of the financial year to 31 July.

The body corporate submits Salacia Apartments One is a subsidiary scheme to the Salacia Waters community titles scheme (principal scheme) and the end of the financial year should be the same for all bodies corporate for budget calculations and fixing contributions.

The financial management arrangements applying to a scheme are stated in the regulation module applying to the scheme: the Body Corporate and Community Management (Accommodation Module) Regulation 2008. The administrative fund budget for a subsidiary scheme body corporate must include an estimate of the total amount the body corporate may reasonably be expected to be required to contribute to the administrative and sinking funds for the principal scheme (s 137(4), Accommodation Module).

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