Building Management Statements – What exactly are they?


 

Some of you may have heard of this strange entity called a BMS. Building Management Statements (BMS) provide a mechanism for buildings involving Volumetric lots (which include Residential Lots – usually under a Body Corporate, with retail and commercial lots) to assist in the management, rights and responsibilities of shared areas.

The concept of a BMS can be useful when designing a complex property development which includes volumetric lots. For example, a high rise tower may be built with two retail shops on the ground floor. All three of these lots may share a basement car park. If all three lots share access ways and the basement for parking, a BMS would be used to regulate this relationship. The Building Management Statement for this type of complex would encompass the break down of costs including but not limited to the maintenance of the shared basement car park and the shared access ways (both pedestrian and vehicle).

The BMS for a complex includes all of the lots which are bound by its terms. There must be at least two lots bound by a BMS.

The BMS is a legal document that is lodged at the Land Titles office. A BMS does not fall under the jurisdiction of the BCCM, BUGTA or MUD Acts. In general terms, any amendment to a BMS is done by a unanimous resolution (where everyone is in agreement). The amendments are then lodged as an annexure to the original document – unlike a CMS where the document is amended and lodged again.

The BMS for a complex may include the following details:

  • The rights of owners, occupants and invitees to access the lots through shared access ways – Similar to an easement
  • The obligation of each party to make appropriate insurance arrangements
  • Financial matters and cost apportionments
  • Aesthetic matters relating to an Architectural code or Landscaping code
  • General administrative arrangements

The main purpose of a BMS is to identify the areas that the volumetric lots have shared use of and provide a tool to manage the apportionment of costs between all owners. These apportionments can be split up in a number of ways, including but not limited to:

  • GFA – Gross Floor Area
  • Number of Bedrooms
  • Number of Car Spaces
  • Number of Sprinklers
  • Number of Pedestals

As each Building Management Statement is unique, a BMS requires specialised management. SSKB has developed a specialist team to manage all aspects of BMS from the initial creation with our Developer Consultancy team to exceptional financial management and dispute resolution with our dedicated Community Managers.



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