A management statement must be lodged with each community, precinct and neighbourhood scheme. Schedule 3 Community Land Development Act 1989 requires that it be prepared in accordance with:
The management statement is the document which sets out by-laws to assist the efficient running of the scheme. Unlike strata schemes there are no model by-laws for community schemes.
The approved forms, in accordance with the legislation, list areas to be covered in the statement but leaving the terms of the by-laws up to the discretion of the developer. The management statement may indicate:
- The theme of the development (if any),
- Any special requirements for use or maintenance of the association property,
- Whether accessways will be created. Accessways, are effectively private roads within the association property and are maintained by the association and not the local council, and
- If statutory easements are to be created in accordance with clause 36 Community Land Development Regulation 2007 and who is responsible for provision and maintenance of service lines.
It may also cover issues necessary for the better enjoyment of residents, such as:
- the keeping of pets
- the hanging of washing, and
- noise.
The terms of the management statement are binding on the community association, each subsidiary body within the scheme and each person who is a proprietor, lessee, occupier or mortgagee in possession of a community development lot, precinct development lot, neighbourhood lot or strata lot within the scheme. A warning to this effect should be shown on the first sheet of the statement see Approved Form 28, Approved Form 29 and Approved Form 30.
The statement must be available to all prospective purchasers for inspection.
Preparing the statement the by-laws in a Management Statement are seperated into 5 parts.
Part 1 - Bylaws fixing details of development these by-laws relate to the essence or theme of the community scheme.
Part 2 - Restricted property bylaws part of the association property within a community, precinct or neighbourhood scheme can be restricted to the use of proprietors or associations within the scheme.
Part 3 - Mandatory matters this part sets out by-laws covering the mandatory matters referred to in Schedules 3 and 4 Community Land Development Act 1989.
Part 4 - Optional matters this part may include any other by-laws that the developer wishes to add.
Part 5 - Public authority bylaws a management statement may include a separate schedule of by-laws included at the request of a public authority.