Body Corporate and Strata Law - Community Titles Schemes, discussion of the Body Corporate and Community Management Act Queensland, plans and related issues
(September 3 2015, Sunshine Coast Strata Learning Group, Session 1)
The document summarizes several California bills related to community development and housing from 2020. Key bills discussed include AB 725, which requires jurisdictions like Saratoga to zone for more moderate and above-moderate income housing, AB 168 relating to tribal consultation for housing projects, and AB 2345 which increases density bonuses for affordable housing developments. The document also outlines bills on accessory dwelling units, COVID-19 extensions for housing approvals, and transit and infrastructure projects.
The document raises several issues with the Quito Village SB35 project that may disqualify it from streamlined approval under SB35. It discusses easements on the property that would require separate agency approval to vacate. It also notes that the project includes a vesting tentative map that would require Planning Commission approval and findings after public hearings. Further, the document states that the project did not provide required Phase I and Phase II environmental assessments, and the site was listed on EPA databases for hazardous materials due to a dry cleaner previously on the site, which could disqualify it from SB35 if not remediated. The author urges the Planning Department to address these issues to fully review the project's eligibility for streamlined approval.
During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Body corporate-and-community-management-act-1997-qldMark Game
The document discusses how the Body Corporate and Community Management Act 1997 (Qld) affects contracts for the sale of proposed lots in a community titles scheme. Key points include:
- Contracts will include an implied sunset date by which settlement must occur, generally 5.5 years from entering the contract.
- Sellers must make certain disclosures to buyers, including a disclosure statement and plan providing details about the scheme, contributions, by-laws, and more.
- Buyers may be entitled to terminate the contract if disclosures are inaccurate or misleading, or if settlement does not occur by the sunset date.
The reforms concerning meeting practice and procedure are intended to modernise and improve the way strata schemes are managed.
This will be achieved by creating flexible meeting options; introducing new ways to vote at meetings; preventing proxy farming; improving tenants’ participation in meetings; and
making miscellaneous changes to meeting practice and procedure.
www.muellers.com.au I 02 9562 1266
The document summarizes several California bills related to community development and housing from 2020. Key bills discussed include AB 725, which requires jurisdictions like Saratoga to zone for more moderate and above-moderate income housing, AB 168 relating to tribal consultation for housing projects, and AB 2345 which increases density bonuses for affordable housing developments. The document also outlines bills on accessory dwelling units, COVID-19 extensions for housing approvals, and transit and infrastructure projects.
The document raises several issues with the Quito Village SB35 project that may disqualify it from streamlined approval under SB35. It discusses easements on the property that would require separate agency approval to vacate. It also notes that the project includes a vesting tentative map that would require Planning Commission approval and findings after public hearings. Further, the document states that the project did not provide required Phase I and Phase II environmental assessments, and the site was listed on EPA databases for hazardous materials due to a dry cleaner previously on the site, which could disqualify it from SB35 if not remediated. The author urges the Planning Department to address these issues to fully review the project's eligibility for streamlined approval.
During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Body corporate-and-community-management-act-1997-qldMark Game
The document discusses how the Body Corporate and Community Management Act 1997 (Qld) affects contracts for the sale of proposed lots in a community titles scheme. Key points include:
- Contracts will include an implied sunset date by which settlement must occur, generally 5.5 years from entering the contract.
- Sellers must make certain disclosures to buyers, including a disclosure statement and plan providing details about the scheme, contributions, by-laws, and more.
- Buyers may be entitled to terminate the contract if disclosures are inaccurate or misleading, or if settlement does not occur by the sunset date.
The reforms concerning meeting practice and procedure are intended to modernise and improve the way strata schemes are managed.
This will be achieved by creating flexible meeting options; introducing new ways to vote at meetings; preventing proxy farming; improving tenants’ participation in meetings; and
making miscellaneous changes to meeting practice and procedure.
www.muellers.com.au I 02 9562 1266
The Body Corporate and Community Management and Other Legislation Amendment Act 2010 introduces important changes for agents involved in the sale of community title lots. Key changes include requiring a Community Management Scheme Statement to accompany disclosure statements and introducing new information that must be disclosed. Agents should review and supplement existing disclosure statements to comply with the new requirements, which take effect upon the Act's assent. The Real Estate Institute of Queensland will also be releasing revised disclosure statement forms.
The Body Corporate and Community Management and Other Legislation Amendment Act 2010 introduces important changes for agents involved in the sale of community title lots. Key changes include requiring a Community Management Scheme Statement to accompany disclosure statements and introducing new information that must be disclosed. Agents should review and supplement existing disclosure statements to comply with the new requirements, which take effect upon the Act's assent. The Real Estate Institute of Queensland will also be releasing revised disclosure statement forms.
Emily Harvey, Savills - CIL Latest Research & FindingsPAS_Team
CIL is a locally set tax on new development introduced in 2008. It does not replace Section 106 obligations, which may still be required in addition to CIL. CIL is calculated based on the net increase in floorspace of a development and is paid in stages. While CIL provides funding for infrastructure, local authorities must balance CIL rates, Section 106 requirements, and affordable housing policies to ensure viable development. Developers must carefully consider CIL regulations and a local authority's charging schedule to understand their financial obligations and ensure full compliance.
The Real Estate (Regulation & Development) Act 2016 & its Draft RulesJash Vaidya
Presentation on Real Estate (Regulation & Development) Act 2016 and its Draft Rules- Its Impact on Real Estate Developers and Consumers. It also Highlights Lacuna in the Legislation and its draft rules which needs serious consideration by Ministry of Law & Justice.
The Model Tenancy Act aims to balance the rights of landlords and tenants. It requires a written rental agreement specifying rent and terms. Security deposits are capped at two months' rent for homes and six months for commercial properties. Grounds for eviction include non-payment of rent or unauthorized occupation. The Act establishes authorities for dispute resolution - Rent Authority, Rent Court, and Rent Tribunal. However, it may not address challenges like lack of affordable housing and an informal rental market.
After the two years slow down due to COVID19 pandemic, there is again growth in the real
estate sector in India. Redevelopment projects are highly prevalent especially in metros and other large cities during this growth phase.
This document discusses various aspects of corporate restructuring under Indian law. It covers types of restructuring like merger, demerger, reduction of capital. It discusses the relevant legal provisions and procedures for undertaking these restructures, including approvals required from regulatory authorities like the stock exchanges and courts. Various strategies that companies can adopt for restructuring are also outlined, such as listing through merger or raising promoters' shareholding above 55%.
Presentation to Ukraine Commodity Market Development Conference
The author of the presentation: Christa Lachenmayr, Division of Market Oversight, CFTC (US)
This document argues that the existing statutory powers of strata entities are sufficient and do not require expansion. It outlines the main powers that strata entities have under New South Wales legislation to control and manage common property. These include powers related to owning common property, making by-laws, carrying out work, collecting fees, and taking legal action. It argues that conditioning some powers and requiring procedures like resolutions helps balance individual and group interests. Therefore, legislative reform is unnecessary as strata entities can address changing needs through by-law making powers.
ICSA’s Not-for-Profit Policy Updates are your chance to hear from our experts on what’s coming up on the legal and regulatory horizon within the charity sector. Running twice a year, and covering a range of different topics each time, these 60 minute sessions offer a stimulating and concise way to plan for what’s ahead, exchange ideas on best practice and network with peers and colleagues.
Union Cabinet on 17th July 2019 approved the proposal to carry out eight amendments to the Insolvency and Bankruptcy Code, 2016. The Insolvency and Bankruptcy Code Amendment Bill, 2019 requires the approval of both the houses of Parliament. It aims to fill in the crucial gaps in the framework of CIRP to provide clarity in its implementation.
Important considerations regarding the amendments of IBC (Insolvency and Bankruptcy Code Amendment Bill, 2019)
West Midlands planning and development club - November 2017, BirminghamBrowne Jacobson LLP
This session provided an introduction to SPVs, looked at key tax considerations when purchasing property, overage and restrictive convenants, and a planning update.
This presentation enumerates the practical aspects of merger, demerger and reduction of capital and the strategies involved therein. It also highlights certain key issues involved in corporate restructuring.
The document discusses corporate restructuring strategies and regulatory frameworks for listed companies in India. It covers types of restructuring like reduction of capital, merger, and demerger. Key requirements for such restructuring from regulatory authorities like the stock exchange and BIFR are explained. Examples of merger, demerger, and reduction of capital are provided along with issues that may arise in the restructuring process.
This document discusses various corporate restructuring strategies and regulatory frameworks for listed companies in India. It covers types of restructuring like mergers, demergers, and reduction of capital. Key points include governing laws and authorities for restructuring, listing agreement requirements, stock exchange perspectives and norms, and examples of restructuring schemes undertaken by Indian companies.
California’s New Affordable Housing Laws – Part ThreeMeyers Nave
Governor Brown signed 15 bills into law on September 29, 2017 that are designed to help address California's affordable housing crisis. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary housing requirements on private housing developers, and strengthening the state's anti-NIMBY laws.
The new laws have implications and obligations for municipalities, housing related public agencies, and private developers. To help explain the new affordable housing regulatory landscape, Meyers Nave presented a three-part series addressing the most critical issues under the new laws. This presentation focuses on tightening state requirements for local housing including:
-New Housing Element Law Requirements and New “No Net Loss” Requirements – State Tightening Local Accountability for Accommodating Fair Share of Housing Production (AB 1397, SB 166, AB 879, AB 72)
-New Housing Accountability Act requirements – Putting Teeth in State Anti-NIMBY Laws (SB 167, AB 678, AB 1515)
-Accessory Dwelling Unit Requirements – Making Second Units Workable for Homeowners (AB 494, SB 229)
-Do’s and Don’ts for local governments
-How developers can use the new laws to get housing projects approved
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
The Body Corporate and Community Management and Other Legislation Amendment Act 2010 introduces important changes for agents involved in the sale of community title lots. Key changes include requiring a Community Management Scheme Statement to accompany disclosure statements and introducing new information that must be disclosed. Agents should review and supplement existing disclosure statements to comply with the new requirements, which take effect upon the Act's assent. The Real Estate Institute of Queensland will also be releasing revised disclosure statement forms.
The Body Corporate and Community Management and Other Legislation Amendment Act 2010 introduces important changes for agents involved in the sale of community title lots. Key changes include requiring a Community Management Scheme Statement to accompany disclosure statements and introducing new information that must be disclosed. Agents should review and supplement existing disclosure statements to comply with the new requirements, which take effect upon the Act's assent. The Real Estate Institute of Queensland will also be releasing revised disclosure statement forms.
Emily Harvey, Savills - CIL Latest Research & FindingsPAS_Team
CIL is a locally set tax on new development introduced in 2008. It does not replace Section 106 obligations, which may still be required in addition to CIL. CIL is calculated based on the net increase in floorspace of a development and is paid in stages. While CIL provides funding for infrastructure, local authorities must balance CIL rates, Section 106 requirements, and affordable housing policies to ensure viable development. Developers must carefully consider CIL regulations and a local authority's charging schedule to understand their financial obligations and ensure full compliance.
The Real Estate (Regulation & Development) Act 2016 & its Draft RulesJash Vaidya
Presentation on Real Estate (Regulation & Development) Act 2016 and its Draft Rules- Its Impact on Real Estate Developers and Consumers. It also Highlights Lacuna in the Legislation and its draft rules which needs serious consideration by Ministry of Law & Justice.
The Model Tenancy Act aims to balance the rights of landlords and tenants. It requires a written rental agreement specifying rent and terms. Security deposits are capped at two months' rent for homes and six months for commercial properties. Grounds for eviction include non-payment of rent or unauthorized occupation. The Act establishes authorities for dispute resolution - Rent Authority, Rent Court, and Rent Tribunal. However, it may not address challenges like lack of affordable housing and an informal rental market.
After the two years slow down due to COVID19 pandemic, there is again growth in the real
estate sector in India. Redevelopment projects are highly prevalent especially in metros and other large cities during this growth phase.
This document discusses various aspects of corporate restructuring under Indian law. It covers types of restructuring like merger, demerger, reduction of capital. It discusses the relevant legal provisions and procedures for undertaking these restructures, including approvals required from regulatory authorities like the stock exchanges and courts. Various strategies that companies can adopt for restructuring are also outlined, such as listing through merger or raising promoters' shareholding above 55%.
Presentation to Ukraine Commodity Market Development Conference
The author of the presentation: Christa Lachenmayr, Division of Market Oversight, CFTC (US)
This document argues that the existing statutory powers of strata entities are sufficient and do not require expansion. It outlines the main powers that strata entities have under New South Wales legislation to control and manage common property. These include powers related to owning common property, making by-laws, carrying out work, collecting fees, and taking legal action. It argues that conditioning some powers and requiring procedures like resolutions helps balance individual and group interests. Therefore, legislative reform is unnecessary as strata entities can address changing needs through by-law making powers.
ICSA’s Not-for-Profit Policy Updates are your chance to hear from our experts on what’s coming up on the legal and regulatory horizon within the charity sector. Running twice a year, and covering a range of different topics each time, these 60 minute sessions offer a stimulating and concise way to plan for what’s ahead, exchange ideas on best practice and network with peers and colleagues.
Union Cabinet on 17th July 2019 approved the proposal to carry out eight amendments to the Insolvency and Bankruptcy Code, 2016. The Insolvency and Bankruptcy Code Amendment Bill, 2019 requires the approval of both the houses of Parliament. It aims to fill in the crucial gaps in the framework of CIRP to provide clarity in its implementation.
Important considerations regarding the amendments of IBC (Insolvency and Bankruptcy Code Amendment Bill, 2019)
West Midlands planning and development club - November 2017, BirminghamBrowne Jacobson LLP
This session provided an introduction to SPVs, looked at key tax considerations when purchasing property, overage and restrictive convenants, and a planning update.
This presentation enumerates the practical aspects of merger, demerger and reduction of capital and the strategies involved therein. It also highlights certain key issues involved in corporate restructuring.
The document discusses corporate restructuring strategies and regulatory frameworks for listed companies in India. It covers types of restructuring like reduction of capital, merger, and demerger. Key requirements for such restructuring from regulatory authorities like the stock exchange and BIFR are explained. Examples of merger, demerger, and reduction of capital are provided along with issues that may arise in the restructuring process.
This document discusses various corporate restructuring strategies and regulatory frameworks for listed companies in India. It covers types of restructuring like mergers, demergers, and reduction of capital. Key points include governing laws and authorities for restructuring, listing agreement requirements, stock exchange perspectives and norms, and examples of restructuring schemes undertaken by Indian companies.
California’s New Affordable Housing Laws – Part ThreeMeyers Nave
Governor Brown signed 15 bills into law on September 29, 2017 that are designed to help address California's affordable housing crisis. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary housing requirements on private housing developers, and strengthening the state's anti-NIMBY laws.
The new laws have implications and obligations for municipalities, housing related public agencies, and private developers. To help explain the new affordable housing regulatory landscape, Meyers Nave presented a three-part series addressing the most critical issues under the new laws. This presentation focuses on tightening state requirements for local housing including:
-New Housing Element Law Requirements and New “No Net Loss” Requirements – State Tightening Local Accountability for Accommodating Fair Share of Housing Production (AB 1397, SB 166, AB 879, AB 72)
-New Housing Accountability Act requirements – Putting Teeth in State Anti-NIMBY Laws (SB 167, AB 678, AB 1515)
-Accessory Dwelling Unit Requirements – Making Second Units Workable for Homeowners (AB 494, SB 229)
-Do’s and Don’ts for local governments
-How developers can use the new laws to get housing projects approved
Similar to Strata Law - Legislation, CMSs and Plans - Andrew Suttie (20)
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
3. History
• The Torrens System of title registration was
introduced into Queensland by the Real Property
Act (Qld) 1861
• Prior to 1965 Queensland did not have a
statutory system of title for units or flats
• Ownership was achieved through:
- “company titles schemes”
- “lease schemes” or
- “tenancy in common schemes”
4. History
• 1965 - Building Units Titles Act
• 1973 - Group Titles Act
• 1980 - Building Units & Group Titles Act 1980
• 1985 - Sanctuary Cove Resort Act
• 1988 - Retirement Villages Act
• 1983 - Mixed Use Development Act
• 1987 - Integrated Resort Development Act
• 1989 - South Bank Corporation Act
• 1997 - BCCMA and Regulations
• 2008 - new Regulations
5. BCCMA
Body Corporate and Community Management Act 1997
• Took effect from 13 July 1997
• Introduced Community Management Statements (CMS)
• Basic requirements for CTS:
• 2 or more lots
• Common Property
• CTS established by recording CMS and Survey Plan
• Regulation Modules
6. BCCMA
• Primary object of the Act:
The primary object of this Act is to provide for
flexible and contemporary communally based
arrangements for the use of freehold land,
having regard to the secondary objects.
7. BCCMA
• How the primary object is to be achieved:
For the achievement of its primary object this
Act provides for –
(a) the establishment of community titles
schemes; and
(b) the operation and management of
community titles schemes.
8. BCCMA
• The secondary objects are:
(a) to balance the rights of individuals with the
responsibility for self management as an
inherent aspect of a CTS;
(b) to promote economic development by
establishing sufficiently flexible administrative
and management arrangements for a CTS;
(c) to encourage the tourism potential of
community titles schemes without diminishing
the rights and responsibilities of owners, and
intending buyers, of lots in a CTS;
9. BCCMA
• The secondary objects are:
(d) to provide a legislative framework
accommodating future trends in community
titling;
(e) to ensure the body corporate for a CTS has
control of the common property and body
corporate assets it is responsible for managing
on behalf of owners of lot in the CTS;
(f) to provide bodies corporate with the flexibility
they need in their operations and dealings to
accommodate changing circumstances within
a CTS;
10. BCCMA
• The secondary objects are:
(g) to provide appropriate level of consumer
protection for owners and intending buyers of
lots included in a CTS
(h) to ensure accessibility to information about
CTS issues;
(i) to provide an efficient and effective dispute
resolution process
11. BCCMA
The Act and the Regulation Modules are regulated by the
Office of the Commissioner for Body Corporate and
Community Management, which:
• has exclusive jurisdiction to determine disputes that are not
Complex Disputes
• provides an information service for the public
• provides a conciliation service for the resolution of disputes
• provides an adjudication service for the resolution of disputes
12. Regulation Modules
The Regulation Modules contain guidelines about:
• Composition and operation of the committee
• Meeting procedures and requirements
• Engaging Body Corporate Managers and Building Managers
• Financial management
• Property Management
• Insurance
• Administrative (roles and records)
13. Regulation Modules
Standard– default (no particular requirements)
Accommodation – lots predominantly for
accommodation
Commercial – lots predominantly commercial
Small Schemes – must be a basic scheme, no more
than 6 lots and no letting agent
Specified Two-Lot Schemes - only 2 lots, not part of a
layered arrangement, no letting agent, residential lots
only
16. Regulation Modules
• If the body corporate was created prior to 13 July 1997 it
had 3 years to adopt a regulation module and record a new
CMS, failing which it was deemed to have adopted the
Standard Module and a standard CMS was generated for
the scheme.
• A change of regulation modules requires:
• Special Resolution
• BCCM Form 19
• New CMS recorded at titles office
18. Community Management Statement
• A CMS is defined by Section 12 of the Act as a document that:-
(a) identifies land;
(b) complies with the requirements of the Act.
• A CMS is a statutory contract between the body corporate and
the owners and occupiers of Lots within a CTS.
• A CMS must be recorded to create a CTS.
• A CMS has no effect unless it is recorded.
• A CMS can not be changed. Any approved amendments to a
CMS must be incorporated into a new CMS for recording at the
Titles Office.
19. Community Management Statement
CMS - Includes components to identify the scheme land:
• Identifying information – name, unique number (allocated by the
Titles Office when the CTS is registered), address for service
• Regulation module
• Contribution schedule and interest schedule (Schedule A)
• Future Development (Schedule B)
• By-Laws (Schedule C)
• Statutory easements; service location diagrams; landscape and
architectural codes (Schedule D)
• Exclusive Use allocations and plans (Schedule E)
20. Community Management Statement
• Recording of CMS takes effect under Section 115 of the Land
Titles Act 1994
• Lodged with the General Request Form 14
• CMS must comply with format required by registrar (e.g. EU
plans)
• Registrar is not required to check whether CMS is compliant
(e.g. by-laws)
• First CMS must be signed by the original owner (i.e. the owner of
the land which is being subdivided to form the CTS)
21. Community Management Statement
• New CMS must be approved by the body corporate
• New CMS must be dated, signed and sealed by 2 committee
members, one of whom must be the chairperson or secretary
(unless otherwise approved) – make sure the seal is legible!
• Must be lodged within 3 months of approval
22. Community Management Statement
• Section 62 of the BCCMA provides:
(a) the body’s corporate consent must be in the form
of a resolution without dissent;
(b) however, consent may be in the form of a special
resolution if the difference between the existing
CMS and the new CMS is limited to the following:
(i) differences in the by-laws (other than
exclusive use by-laws); or
(ii) changing to a different regulation module
for the CTS.
23. Community Management Statement
• Section 62 of the BCCMA (continued):
(c) consent to the recording of a new CMS need not
be in the form of a resolution without dissent or
special resolution if the new CMS is different from
the existing CMS only to the extent necessary for
one or more of the following:
(i) compliance with a provision of the Act
under which the body corporate is required
to lodge a request to record a new CMS
for a purpose stated in the provision;
(ii) compliance with the order of an adjudicator
or District Court made under the Act for the
lodging of a request for the recording of
the new CMS;
24. Community Management Statement
• Section 62 of the BCCMA (continued):
(iii) changing the CMS to give effect to an approved
reinstatement process;
(iv) changing the CTS to reflect formal acquisition
affecting the CTS;
(v) recording the details of allocations of common
property made under an exclusive use by-law;
(vi) implementation of any development proposed
under the existing CMS or under the provisions of
a CMS to which the existing CMS is subject;
25. Community Management Statement
• Section 62 of the BCCMA (continued):
(vii) showing the location of a service easement by a
services location diagram;
(viii) amalgamating or subdividing Lots in the CTS
(provided there is no effect on common property or
contribution or interest entitlements for existing
Lots); or
(ix) reproducing the CMS without any change of
substance.
26. Community Management Statement
Schedule A – Lot entitlements
• The original owner determines the lot entitlements when preparing the
first CMS for the scheme.
• There are two schedules of lot entitlements recorded in the CMS:
• Contribution Schedule Lot Entitlements; and
• Interest Schedule Lot Entitlements
• Since 2011, new schemes are required to adopt one of the following
deciding principles when determining lot entitlements:
• Interest Schedule Lot Entitlements
• Market Value Principle
• Contribution Schedule Lot Entitlements
• Equality Principle; or
• Relativity Principle
27. Community Management Statement
Interest Schedule Lot Entitlements
• Generally required to reflect the market value of each lot
• Used to determine:
• each lot owner’s share of the common property
• each lot owner’s share in the scheme land and body corporate
assets in the event the scheme is terminated
• government rates, land tax and other statutory charges based on
land value
• any levy raised for the purpose of insuring the buildings on
scheme land
28. Community Management Statement
Contribution Schedule Lot Entitlements
• Used to determine the proportion of the administrative and sinking fund
levies that are to be paid by the owner of a lot
• Used to determine the value of a lot owner’s vote when voting on an
ordinary resolution by poll vote
30. Community Management Statement
• A resolution without dissent is required to change the contribution
schedule lot entitlements.
• The relevant motion must:
• include the proposed new entitlements;
• include the reason for the new entitlements;
• ensure the new entitlements are consistent with a deciding
principle.
• Owners of two or more lots can agree in writing to redistribute amongst
themselves the lot entitlements for their lots. The committee can
approve a new CMS that changes the lot entitlements in this way, as
long as the total entitlements do not change and no common property is
affected.
31. Community Management Statement
• An owner is only entitled to make an application to QCAT (or specialist
adjudication) to challenge the contribution schedule lot entitlements in
the following circumstances:
• A material change has occurred at the scheme since the
contribution schedule lot entitlements were decided;
• The new contribution schedule lot entitlements approved at a
general meeting are inconsistent with the relevant deciding
principle; or
• The scheme was established after April 2011 and the
contribution schedule lot entitlements are not consistent with the
deciding principle
32. Community Management Statement
A resolution without dissent is required to change
the interest schedule lot entitlements.
An owner can apply to QCAT or a specialist
adjudicator to change the interest schedule lot
entitlements to ensure they are consistent with the
Market Value Principle.
33. Community Management Statement
• The Body Corporate is required to enforce the by-laws
• By-laws may only provide for the following:
• The administration, management and control of the common
property and body corporate assets
• The regulation of, and conditions applying to, the use and
enjoyment of:
• lots included in the scheme;
• common property, including utility infrastructure;
• body corporate assets, including easement areas relevant to
common property; and
• services and amenities supplied by the body corporate.
• Other matters the BCCMA permits to be included in by-laws.
34. Community Management Statement
• By law will be invalid if it:
• is inconsistent with BCCMA, regulation module or another Act;
• restricts the type of residential use in circumstances where a lot
can be lawfully used for residential purposes;
• restricts or prevents a transmission, transfer mortgage or other
dealing in relation to a lot;
• discriminates between types of occupiers;
• imposes a monetary liability on an occupier or owner of a lot;
• is oppressive or unreasonable.
35. Plans
• The Land Title Act 1994 explains the available types of Plan Format
• The plan is created by a licensed surveyor under the directions issued
by the Registrar
There are 3 common types of Plans:
• Standard Format Plan - Defined by land boundaries (previously Group
Titles Plan)
• Building Format Plan – Defined by boundaries of buildings structures
(previously Building Units Plan)
• Volumetric Format Plan –subdivided air space – 3 dimensional
36. Plans
• Section 48B LTA
• A standard format plan of survey defines land using a horizontal plane
and references to marks on the ground.
• Example of marks—
Survey pegs in the ground.
38. • Section 48C LTA
• A building format plan of survey defines land using the structural
elements of a building including, for example, floors, walls and ceilings.
• “structural elements”, of a building, includes projections of, and
references to, structural elements of the building.
• Projections might be used to define a lot that includes a balcony,
courtyard, roof garden or other area not bounded, or completely
bounded, by a floor, walls and a ceiling.
Plans
40. Boundaries
• On building format plans, the boundaries of a lot are represented by
hard black lines.
• In the previous diagram, the plan of level A shows the common property
and part of the 4 lots (units) that together make up the scheme land.
• The plan of level B shows the balance part of the 4 lots and a common
property balcony running along the eastern side of the building. The thin
line that outlines the balcony indicates that the balcony is common
property.
• Note the balcony attached to the western side of Lots 2 and 3. The
hard black lines define the boundary of Lots 2 and 3. The thin line
shows that each balcony is within the boundary of Lots 2 and 3, and
consequently the owners have the responsibility to maintain the
balconies in good condition.
Plans
41. Section 48D LTA
A volumetric format plan of survey defines land using 3-dimensional
located points to identify the position, shape and dimensions of each
bounding surface.
Plans
43. Question Time!
Question 1: the chairperson, Terry, hates the
building manager. Terry instructs you to draft a
motion for the AGM to amend the CMS by
changing the regulation module from
Accommodation to Standard. Can that be
done? If so, what resolution is required? What
affect will the change have on the building
manager’s business?
44. Question Time!
Question 2: Bob enters into a contract to sell his
unit. The complex was constructed in 1981. The
purchaser’s solicitor conducts a search of the
CMS and the plan and discovers that the large
rooftop area, which Bob claims is for his exclusive
use, is recorded on the plan as common property.
Bob is certain the rooftop area is his and contacts
you to sort out the mess. What other searches
might you conduct? If it is that the rooftop area is
not Bob’s, what will need to happen to rectify the
issue?
45. Question Time!
Question 3: The CMS includes a by-law that
provides “an owner or occupier must not keep
a dog in their lot”. Mrs Hinkerboomer recently
lost her husband, sold the family home and
moved into lot 42 with her two pet German
Shepherds without seeking body corporate
approval. The committee want the dogs
removed. What is your advice to the
committee?
46. Question Time!
Question 3: The CMS includes a by-law that
provides “an owner or occupier must not keep
a dog in their lot”. Mrs Hinkerboomer recently
lost her husband, sold the family home and
moved into lot 42 with her two pet German
Shepherds without seeking body corporate
approval. The committee wants the dogs
removed. What is your advice to the
committee?
47. Question Time!
Question 4: The owner of a large industrial
warehouse wants you to help her to subdivide
the lot into 2 lots as part of a community titles
scheme. She is particularly interested in
adopting the specified 2-lot module to keep
administrative costs down. What steps are
required to establish the community titles
scheme? Is the specified 2-lot scheme the
way to go?
48. Question Time!
Question 5: Anna owns a ground floor apartment
in a five storey apartment block in Ascot. The
garden in her exclusive use courtyard is the pride
of the building. The exclusive use by-law provides
that Anna is responsible for the maintenance and
operating costs in relation to the exclusive use
area. At this years AGM the body corporate
resolved to repaint the building. The committee
directs you to seek reimbursement from Anna for
painting the wall between her lot and her
exclusive use courtyard. What advice do you give
the committee?
49. Question Time!
Question 6: Dennis is developing an eco-
estate in the rainforest near Mapleton.
Although the lots will comprise stand-alone
houses with enough distance from each other
to feel very private, it is cheaper for Dennis to
establish the scheme under a building format
plan of subdivision. However, Dennis wants
every owner to be responsible for the
maintenance of their own homes and to pay
equally for the common facilities. What advice
do you give Dennis?
50. Question Time!
Question 7: Cavrim is a developer that has acquired
a large site on Brisbane Rd at Mooloolaba. It wants to
establish a mixed-use development including an
exclusive hotel, which it intends to sell, and,
downstairs, an entertainment precinct with
restaurants, bars, clubs and a live music hall. The
building’s extensive carpark is to be located between
the hotel and the entertainment precinct to ensure
adequate sound separation. Cavrin wants to retain
the entertainment precinct for itself and requests your
advice about the best structure to ensure the
entertainment precinct operates completely
independently of the hotel.
51. Question Time!
Question 8: Faulty Towers community titles
scheme is a staged development. Stage 1
comprised 20 standard format plan townhouses
which didn’t sell too well and the developer
went into liquidation. The mortgagee sold the
development lot to a new developer who
completed stage 2 as 20 building format plan
townhouses. All the entitlements are equal.
What problems is the scheme likely to
encounter? How can the potential problems be
alleviated?