For every Body Corporate, the Community Management Statement (CMS) is a crucial document that sets out the rules for living in that particular scheme.
A specific Community Management Statement drafted for the particular Body Corporate assists to minimise disputes if they arise.
In Queensland, strata title schemes are governed by:
- The Body Corporate and Community Management Act 1997 (the ‘BCCMA’)
- The Community Management Statement (‘CMS’) for the relevant scheme
- The Regulation Module for the relevant scheme (this is nominated in the CMS
Upon registration of a “First CMS” a Body Corporate will be created. This is executed by the local authority and the developer. Each successive CMS after that document (a New CMS) will be executed by the Body Corporate.
If a new CMS Is being lodged by the developer before the first annual general meeting, it may be signed by the original owner under the body corporate seal.
There are a number of reasons a CMS may need to be amended. The Body Corporate may pass a special resolution to amend a by-law. For example, or two owners may agree to swap their allocated exclusive use car spaces.
Within 3 months of the date of consent to a change, a New CMS must be lodged with Titles Office for registration. This ensures the appropriate approval is attained to the registration of a New CMS or the document will be requisitioned, or rejected.
It is required for any New CMS to contain all of the appropriate plans and schedules contained in any pervious CMS. As well as this, any new or amended plans required as a result of the proposed changes.
SSKB takes the time to ensure each Community Management Statement is specific and up to date. Click here to make the switch to SSKB today.