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Many important decisions for the body corporate are affected only by a change to the community management statement. An existing community management statement cannot be changed by amendment. It must be replaced with a new community management statement (Body Corporate and Community Management Act Section 54).  Differing resolutions are needed for changing the community management statement (Body Corporate and Community Management Act Section 62).  The following table sets out the types of resolutions required to effect certain changes to the community management statement.

Type of Change Resolution Required
Change without substance that reproduces the existing statement (e.g. Fixes a typographical error) Committee Resolution
Amalgamating or subdividing lots in the Scheme where the amalgamation / subdivision does not affect common property, does not change the contribution and interest entitlements other than for the amalgamated / subdivided lots, and does not change the totals of those schedules, where the amalgamation is not foreshadowed in the statement of future development. Ordinary Resolution
Change to include a service location diagram Committee Resolution
Change to implement development proposed under a statement of future development applicable to the scheme Committee Resolution
Change to record the details of allocations of common property or body corporate assets made under an exclusive use by-law Ordinary Resolution (because it would be a restricted issue pursuant to Standard Module Section 42 (1) (b))
 Change to give effect to a formal acquisition affecting the scheme  Committee Resolution
 Change to give effect to an approved reinstatement process

Committee Resolution
 Change to comply with an order of an adjudicator or with the District Court made under the BCCMA, where the order is to lodge a new CMS, and the change to the CMS does change the rights, privileges or obligations of the owners  Ordinary Resolution
 Change to comply with an order of an adjudicator or with the District Court made under the BCCMA, where the order is to lodge a new CMS, and the change to the CMS does not change the rights, privileges or obligations of the owners  Committee Resolution
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Type of Change

Resolution Required

Change to comply with the BCCMA where the BCCMA requires a new CMS, and that change to the CMS does change the rights, privileges or obligations of the owners

Ordinary Resolution

Change to comply with the BCCMA where the BCCMA requires a new CMS, and that change to the CMS does not change the rights, privileges or obligations of the owners

Committee Resolution

Change to the regulation module applicable to the scheme

Special Resolution

Change of a normal by-law (i.e. non exclusive-use or non special privilege by-law)

Special Resolution

Change of an exclusive use or special privilege by-law

Resolution Without Dissent

Change of body corporate name

Resolution Without Dissent

Any other type of change not mentioned above

Resolution Without Dissent

Any changes consented to by the body corporate will not have effect until the community management statement is registered in the Titles Office (Body Corporate and Community Management Act Section 52). The body corporate  is obliged to lodge a request for a new community management statement within three months of consent being given by the body corporate (Body Corporate and Community Management Act Section 65). Furthermore, the relevant local authority must consent to the new community management statement if the change is of a type that deals with planning matters (Body Corporate and Community Management Act Section 60).

Where a community management statement is changed responsibility for the costs for preparing the new statement and the costs of recording that statement are generally with the body corporate. However, the developer will be responsible for the costs where the new statement is for progressive development. Other exceptions are spelt out in Body Corporate and Community Management Act Section 63.

 

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