sec.138Matters required for management statement

sec.138 Matters required for management statement

A management statement must include— the real property description of the stratum lots in the stratum plan to which the management statement relates; and a plan that— delineates the external surface boundaries of the site of the building; and shows the location of the building in relation to the external surface boundaries. The management statement must also include particulars relating to the following— the regulation (including, for example, the control and management) of— the building and its site; and the maintenance, use and enjoyment of the building and its site; the purpose for which a stratum lot or stratum parcel may be used; the establishment of the building management committee and the election of its office-bearers; the composition of the building management committee; the functions of the building management committee and its office-bearers in regulating the building and its site; meetings of the building management committee; voting on motions submitted to the building management committee; the voting entitlement of each member of the building management committee; the keeping of records of the business (including meetings) of the building management committee; the way in which the building management committee may enter into contracts and the way in which appropriate indemnities are to be provided to members of the building management committee in relation to contracts entered into by them for the committee; the inspection of documents in the custody or under the control of the building management committee; certification to members of the building management committee and proprietors of lots in a building units plan as to whether there is any amount unpaid by a member or proprietor of a lot in a building units plan under the management statement; the establishment and operation of financial institution accounts by the building management committee; the storage and collection of garbage on and from the building and its site; the location of any restricted property; compliance with fire safety requirements; the apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan; the insurance in relation to the building and its site and the apportionment of the cost of insurance premiums; any other matters prescribed by regulation. Each body corporate for a building units plan for part of the building, and any other proprietor of land in any part of the building or its site, that does not form part of a stratum parcel must be members of the building management committee. If a management statement restricts use of any part of the building or its site, the management statement must include the following— a description of the restricted property; details of the persons entitled to use the restricted property; the conditions on which the persons may use the restricted property; particulars relating to— access to the restricted property; and the keeping and supply of any necessary key; particulars of the hours during which the restricted property may be used; provisions relating to the maintenance of the restricted property; provisions relating to the determination, imposition and collection of levies from the persons entitled to use the restricted property. The relevant local government may, in relation to a particular management statement, waive compliance with a matter mentioned in subsection (2) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site or proposed building and its site. If the local government waives compliance with a matter mentioned in subsection (2) , it must endorse that fact on the management statement. s 138 amd 1997 No. 17 s 74 sch ; 1999 No. 30 s 98 sch 3 pt 1 ; 2010 No. 39 s 325 sch 1 pt 2 (sec.138-ssec.1) A management statement must include— the real property description of the stratum lots in the stratum plan to which the management statement relates; and a plan that— delineates the external surface boundaries of the site of the building; and shows the location of the building in relation to the external surface boundaries. (sec.138-ssec.2) The management statement must also include particulars relating to the following— the regulation (including, for example, the control and management) of— the building and its site; and the maintenance, use and enjoyment of the building and its site; the purpose for which a stratum lot or stratum parcel may be used; the establishment of the building management committee and the election of its office-bearers; the composition of the building management committee; the functions of the building management committee and its office-bearers in regulating the building and its site; meetings of the building management committee; voting on motions submitted to the building management committee; the voting entitlement of each member of the building management committee; the keeping of records of the business (including meetings) of the building management committee; the way in which the building management committee may enter into contracts and the way in which appropriate indemnities are to be provided to members of the building management committee in relation to contracts entered into by them for the committee; the inspection of documents in the custody or under the control of the building management committee; certification to members of the building management committee and proprietors of lots in a building units plan as to whether there is any amount unpaid by a member or proprietor of a lot in a building units plan under the management statement; the establishment and operation of financial institution accounts by the building management committee; the storage and collection of garbage on and from the building and its site; the location of any restricted property; compliance with fire safety requirements; the apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan; the insurance in relation to the building and its site and the apportionment of the cost of insurance premiums; any other matters prescribed by regulation. (sec.138-ssec.3) Each body corporate for a building units plan for part of the building, and any other proprietor of land in any part of the building or its site, that does not form part of a stratum parcel must be members of the building management committee. (sec.138-ssec.4) If a management statement restricts use of any part of the building or its site, the management statement must include the following— a description of the restricted property; details of the persons entitled to use the restricted property; the conditions on which the persons may use the restricted property; particulars relating to— access to the restricted property; and the keeping and supply of any necessary key; particulars of the hours during which the restricted property may be used; provisions relating to the maintenance of the restricted property; provisions relating to the determination, imposition and collection of levies from the persons entitled to use the restricted property. (sec.138-ssec.5) The relevant local government may, in relation to a particular management statement, waive compliance with a matter mentioned in subsection (2) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site or proposed building and its site. (sec.138-ssec.6) If the local government waives compliance with a matter mentioned in subsection (2) , it must endorse that fact on the management statement.