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Land Titles Act 1925
123FFormal requirements for building management statement
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123F Formal requirements for building management statement
(1) A building management statement must set out the following:
(a) the establishment of a committee (the building management
committee) consisting of each building lessee;
(b) the establishment and appointment of office holders for the
implementation of the statement;
(c) the functions of the building management committee and the
office holders;
(d) a process for resolving disputes between the building lessees;
(e) a process for amending the statement;
(f) the allocation of the costs of shared expenses relating to parts of
the building, including the basis for that allocation on a user
pays, lease value or other basis;
(g) a process for reviewing the allocation of the costs mentioned in
paragraph (f) to ensure that the allocation of costs remains fair,
including as a minimum—
(i) at least 1 review every 5 years; and
(ii) a review as soon as practicable after any change in the
shared facilities or services or the use of the shared
facilities or services;
(h) if a building lessee is an owners corporation—an arrangement
to insure the building in accordance with the requirements
prescribed by regulation;
(i) an address and process for serving documents on the building
management committee;
(j) any other matter relating to the content of the statement
(2) A building management statement may also include provision for any
of the following:
(a) safety and security measures for the building;
(b) the appointment of a managing agent for the building as a whole;
(c) measures for the control of unacceptable noise levels consistent
with the terms of the leases in relation to which the statement is
registered and any noise management plan;
(d) service contracts for waste and other services;
(e) an architectural maintenance code to preserve the appearance of
the building;
(f) easements for the building;
(g) the operation, maintenance or renovation of the building
structure as a whole including lift wells and utility conduits;
(h) the operation, maintenance or renovation of the common
facilities of the building;
(i) access to the common facilities of the building;
(j) insurance for the building in addition to the insurance
arrangement mentioned in subsection (1) (h);
(k) any other matter related to the management of the building.
(3) For subsection (1) (h), all building lessees are taken to have an
insurable interest in the building to the extent of the replacement
value of the building.