sec.46Management statement

### sec.46 Management statement Subject to subsection (2) , the registrar of titles may register a stratum plan only if the plan is accompanied by a management statement that— if the stratum plan subdivides land including parts of a building—regulates the building and its site; and if the stratum plan subdivides land on which it is proposed to construct a building—is intended to regulate the proposed building and its site; and complies with subsection (3) . A stratum plan of subdivision need not be accompanied by a management statement if it subdivides a stratum lot on a stratum plan that is already the subject of a management statement. A management statement must comply with schedule 3 . The appropriate authority may, in relation to a particular management statement, waive compliance with an item in schedule 3 , clause 2(1) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site the subject of the management statement. If the appropriate authority waives compliance with an item in schedule 3 , clause 2(1), it must endorse that fact on the management statement. If a management statement bears the approval of the appropriate authority, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan. If a stratum lot in the stratum plan referred to in subsection (6) is subsequently subdivided by a leasehold building units plan, the registrar of titles is to record the management statement, and any amendments to the management statement, on the leasehold building units plan. The management statement is binding on— the body corporate of the leasehold building units plan for the part of the building concerned; and any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel. Subsection (8) has effect as if— the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and each person bound had executed the management statement under seal. Subject to subsection (11) , a management statement may be amended by an ordinary resolution passed by the building management committee for the management statement. The by-laws and other particulars in a management statement relating to a matter in schedule 3 , clause 2(1)(p) may only be amended— in the way provided in section 42 (8) or (10) ; or by unanimous resolution passed by the building management committee for the management statement. A body corporate of a leasehold building units plan may support a resolution to amend a management statement only if— if the amendment is an amendment referred to in subsection (11) —the body corporate has passed a unanimous resolution in general meeting to support the amendment; and in any other case—the body corporate has passed an ordinary resolution in general meeting to support the amendment. An amendment of a management statement must comply with schedule 3 . If an amendment of a management statement bears the approval of the appropriate authority, the registrar of titles is to record the amendment— on the stratum plan to which it relates; and if a stratum lot in the stratum plan has been subdivided by a leasehold building units plan—on the leasehold building units plan. An amendment of a management statement has no effect unless the amendment is lodged with the registrar of titles within 2 months after the passing of the resolution making the amendment. A by-law in a management statement may restrict use of any part of a building or its site to— the lessee or sublessee of a lot in a leasehold building units plan; or a body corporate in a leasehold building units plan; or the 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 terminates and ceases to bind the persons referred to in subsection (8) when the registrar of titles records its termination under section 42 (15) . The registrar of titles must provide to the valuer-general and the council— a copy of a management statement within 28 days after the registration of a stratum plan which 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 submitted for final resolution to— a single arbitrator agreed on between the persons in dispute; or if the parties do not agree within 14 days of receipt of a written notice given by one person to the other person or persons requiring the appointment of an arbitrator—an arbitrator appointed by the appropriate authority. Every reference under subsection (19) is an arbitration under the Commercial Arbitration Act 2013 . If a management statement or an amendment of a management statement bears the approval of the appropriate authority, the approval is evidence to the registrar of titles that the management statement or the amendment of the management statement complies with this section. s 46 ins 1991 No. 67 s 18 amd 2010 No. 39 s 325 sch 1 pt 2 ; 2013 No. 8 s 43 sch 1 pt 2 (sec.46-ssec.1) Subject to subsection (2) , the registrar of titles may register a stratum plan only if the plan is accompanied by a management statement that— if the stratum plan subdivides land including parts of a building—regulates the building and its site; and if the stratum plan subdivides land on which it is proposed to construct a building—is intended to regulate the proposed building and its site; and complies with subsection (3) . (sec.46-ssec.2) A stratum plan of subdivision need not be accompanied by a management statement if it subdivides a stratum lot on a stratum plan that is already the subject of a management statement. (sec.46-ssec.3) A management statement must comply with schedule 3 . (sec.46-ssec.4) The appropriate authority may, in relation to a particular management statement, waive compliance with an item in schedule 3 , clause 2(1) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site the subject of the management statement. (sec.46-ssec.5) If the appropriate authority waives compliance with an item in schedule 3 , clause 2(1), it must endorse that fact on the management statement. (sec.46-ssec.6) If a management statement bears the approval of the appropriate authority, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan. (sec.46-ssec.7) If a stratum lot in the stratum plan referred to in subsection (6) is subsequently subdivided by a leasehold building units plan, the registrar of titles is to record the management statement, and any amendments to the management statement, on the leasehold building units plan. (sec.46-ssec.8) The management statement is binding on— the body corporate of the leasehold building units plan for the part of the building concerned; and any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel. (sec.46-ssec.9) Subsection (8) has effect as if— the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and each person bound had executed the management statement under seal. (sec.46-ssec.10) Subject to subsection (11) , a management statement may be amended by an ordinary resolution passed by the building management committee for the management statement. (sec.46-ssec.11) The by-laws and other particulars in a management statement relating to a matter in schedule 3 , clause 2(1)(p) may only be amended— in the way provided in section 42 (8) or (10) ; or by unanimous resolution passed by the building management committee for the management statement. (sec.46-ssec.12) A body corporate of a leasehold building units plan may support a resolution to amend a management statement only if— if the amendment is an amendment referred to in subsection (11) —the body corporate has passed a unanimous resolution in general meeting to support the amendment; and in any other case—the body corporate has passed an ordinary resolution in general meeting to support the amendment. (sec.46-ssec.13) An amendment of a management statement must comply with schedule 3 . (sec.46-ssec.14) If an amendment of a management statement bears the approval of the appropriate authority, the registrar of titles is to record the amendment— on the stratum plan to which it relates; and if a stratum lot in the stratum plan has been subdivided by a leasehold building units plan—on the leasehold building units plan. (sec.46-ssec.15) An amendment of a management statement has no effect unless the amendment is lodged with the registrar of titles within 2 months after the passing of the resolution making the amendment. (sec.46-ssec.16) A by-law in a management statement may restrict use of any part of a building or its site to— the lessee or sublessee of a lot in a leasehold building units plan; or a body corporate in a leasehold building units plan; or the 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.46-ssec.17) A management statement terminates and ceases to bind the persons referred to in subsection (8) when the registrar of titles records its termination under section 42 (15) . (sec.46-ssec.18) The registrar of titles must provide to the valuer-general and the council— a copy of a management statement within 28 days after the registration of a stratum plan which 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.46-ssec.19) 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 submitted for final resolution to— a single arbitrator agreed on between the persons in dispute; or if the parties do not agree within 14 days of receipt of a written notice given by one person to the other person or persons requiring the appointment of an arbitrator—an arbitrator appointed by the appropriate authority. (sec.46-ssec.20) Every reference under subsection (19) is an arbitration under the Commercial Arbitration Act 2013 . (sec.46-ssec.21) If a management statement or an amendment of a management statement bears the approval of the appropriate authority, the approval is evidence to the registrar of titles that the management statement or the amendment of the management statement complies with this section. - (a) if the stratum plan subdivides land including parts of a building—regulates the building and its site; and - (b) if the stratum plan subdivides land on which it is proposed to construct a building—is intended to regulate the proposed building and its site; and - (c) complies with subsection (3) . - (a) the body corporate of the leasehold building units plan for the part of the building concerned; and - (b) any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and - (c) any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel. - (a) the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and - (b) each person bound had executed the management statement under seal. - (a) in the way provided in section 42 (8) or (10) ; or - (b) by unanimous resolution passed by the building management committee for the management statement. - (a) if the amendment is an amendment referred to in subsection (11) —the body corporate has passed a unanimous resolution in general meeting to support the amendment; and - (b) in any other case—the body corporate has passed an ordinary resolution in general meeting to support the amendment. - (a) on the stratum plan to which it relates; and - (b) if a stratum lot in the stratum plan has been subdivided by a leasehold building units plan—on the leasehold building units plan. - (a) the lessee or sublessee of a lot in a leasehold building units plan; or - (b) a body corporate in a leasehold building units plan; or - (c) the 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) a copy of a management statement within 28 days after the registration of a stratum plan which is accompanied by the management statement; and - (b) a copy of an amendment of a management statement within 28 days after the recording of the amendment. - (a) a single arbitrator agreed on between the persons in dispute; or - (b) if the parties do not agree within 14 days of receipt of a written notice given by one person to the other person or persons requiring the appointment of an arbitrator—an arbitrator appointed by the appropriate authority.