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STRATA SCHEMES DEVELOPMENT ACT 2015 - SCHEDULE 4

SCHEDULE 4 – Strata management statements

(Section 100)

1 Form of strata management statement

A strata management statement must include the information required by the regulations and must not be inconsistent with--

(a) the conditions imposed on a planning approval relating to the site of the building to which the statement relates, or
(b) this Act or any other Act or law.

2 Matters that must be included

(1) A strata management statement must provide for--
(a) the establishment and composition of a building management committee and its office holders, and
(b) the functions of the committee and the office holders in managing the building and its site, and
(c) the way in which the statement may be amended, and
(d) the settlement of disputes, or the rectification of complaints, about the management of the building or its site, whether by requiring reference of disputes or complaints to the Secretary or Tribunal or, with the person's consent, to any other person for a recommendation or decision or otherwise, and
(e) the fair allocation of the costs of shared expenses relating to parts of the building, and
(f) a review process to ensure that the allocation of those costs remains fair with any such review taking place as soon as practicable after any change in the shared facilities or services (including any change in the use of those shared facilities or services), with at least one such review occurring every 5 years even if no such change has occurred, and
(g) the manner in which notices and other documents may be served on the committee.
(2) A strata management statement must include details of the method used to apportion the costs of shared expenses referred to in subclause (1) (e).
(3) Nothing in a strata management statement requires the Secretary or the Tribunal to do anything without the consent of the Secretary or the Tribunal.
(4) In this clause,
"Tribunal" means the Civil and Administrative Tribunal.

3 Building management committee

(1) Subject to subclauses (2) and (3), the members of the building management committee are--
(a) each owners corporation for part of the building, and
(b) each person who holds--
(i) an estate in fee simple in a part of the building or its site that does not form part of a part strata parcel, or
(ii) if the strata scheme is a leasehold strata scheme--a leasehold estate, directly from the person who holds an estate in fee simple, in a part of the building or its site that does not form part of a part strata parcel.
(2) An owners corporation is not required to be a member of the building management committee if the owners corporation decides, by special resolution, not to be a member and all the other members agree.
(3) A person, other than an owners corporation, is not required to be a member of the building management committee if the person, by written notice given to the committee, asks not to be a member and all the other members agree.
(4) An owners corporation or other corporation that is a member of a building management committee may be represented for the purposes of the committee by a person appointed by, or selected in accordance with, a special resolution or by-law made by the owners corporation or a resolution made by the other corporation.
(5) A person appointed or selected as mentioned in subclause (4) and whose term of office as a representative has not expired or been terminated is, while representing the owners corporation or other corporation for the purposes of the committee, taken to be the owners corporation or other corporation.

4 Other matters

(1) A strata management statement may include provisions regulating, or providing for the regulation of, any one or more of the following--
(a) the location, control, management, use and maintenance of a part of the building or its site that is a means of access,
(b) the storage and collection of garbage on and from the various parts of the building,
(c) meetings of the building management committee,
(d) the keeping of records of proceedings of the committee.
(2) A strata management statement may include particulars relating to any one or more of the following--
(a) safety and security measures,
(b) the appointment of a managing agent,
(c) the control of unacceptable noise levels,
(d) prohibiting or regulating trading activities,
(e) service contracts,
(f) an architectural code to preserve the appearance of the building.
(3) This clause does not limit the matters that may be included in a strata management statement.
(4) A strata management statement may incorporate plans and other instruments as part of the statement.

5 Implied provisions

A strata management statement is taken to include the following provisions, except to the extent that it provides otherwise--

(a) the building management committee must meet at least once a year,
(b) at least 7 days' notice of a meeting must be given to each person who is a member of the committee (and notice may be given personally or by post or in any way any other notice may be given to the person under this Act),
(c) the quorum for a meeting of the committee is a majority of the members,
(d) the decision of a majority of the members present and voting at a meeting of the committee is the decision of the committee.



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