sec.136General provisions that apply to management statement

sec.136 General provisions that apply to management statement

A management statement may restrict use of any part of the building or its site to— the proprietor, lessee or sublessee of a lot in a building units plan; or a body corporate in a building units plan; or the proprietor, lessee or sublessee of a lease of land in any part of the building or its site that does not form part of the stratum parcel. A management statement ends, and ceases to bind the persons mentioned in section 134 (1) , when the registrar of titles records its termination under section 124 (8) . The registrar of titles must provide to the valuer-general and the relevant local government— a copy of a management statement within 28 days after the registration of a stratum plan that is accompanied by the management statement; and a copy of an amendment of a management statement within 28 days after the recording of the amendment. If there is an unresolved dispute between persons bound by a management statement concerning the regulation of a building and its site, the dispute must be referred for final resolution to— a single arbitrator agreed on between the persons in dispute; or if the persons do not agree within 14 days of receipt of a written notice given by one person to the other requiring the appointment of an arbitrator—an arbitrator appointed by the local government. A reference under subsection (4) is an arbitration under the Commercial Arbitration Act 2013 . If a management statement or an amendment of a management statement has been approved by the local government, the registrar of titles need not determine whether the statement or amendment complies with this division but may rely on the local government’s approval. s 136 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 51 s 60 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2013 No. 8 s 43 sch 1 pt 2 (sec.136-ssec.1) A management statement may restrict use of any part of the building or its site to— the proprietor, lessee or sublessee of a lot in a building units plan; or a body corporate in a building units plan; or the proprietor, lessee or sublessee of a lease of land in any part of the building or its site that does not form part of the stratum parcel. (sec.136-ssec.2) A management statement ends, and ceases to bind the persons mentioned in section 134 (1) , when the registrar of titles records its termination under section 124 (8) . (sec.136-ssec.3) The registrar of titles must provide to the valuer-general and the relevant local government— a copy of a management statement within 28 days after the registration of a stratum plan that is accompanied by the management statement; and a copy of an amendment of a management statement within 28 days after the recording of the amendment. (sec.136-ssec.4) If there is an unresolved dispute between persons bound by a management statement concerning the regulation of a building and its site, the dispute must be referred for final resolution to— a single arbitrator agreed on between the persons in dispute; or if the persons do not agree within 14 days of receipt of a written notice given by one person to the other requiring the appointment of an arbitrator—an arbitrator appointed by the local government. (sec.136-ssec.5) A reference under subsection (4) is an arbitration under the Commercial Arbitration Act 2013 . (sec.136-ssec.6) If a management statement or an amendment of a management statement has been approved by the local government, the registrar of titles need not determine whether the statement or amendment complies with this division but may rely on the local government’s approval.