Question: The BMS Plan in our mixed use highrise outlines the areas not to be used by commercial lots, however, the Committee has allowed them to use these areas. Is this right?
Our large highrise apartment block is governed by a BMS and has 3 commercial lots on the ground floor.
The BMS Plan clearly outlines the areas where these commercial Lots are not permitted to access i.e. 3 lifts and a foyer area. They do not contribute financially to these areas.
The BC Committee has allowed the commercial Lots to use these areas without consulting Lot Owners, causing considerable damage.
Can the committee allow a practice to happen over a BMS statement? If so, what would the decision making process be?
Answer: Be sure you have a clear understanding of what is and isn’t permissible under the terms of the BMS
If you believe the terms of the BMS are being breached you should raise the matter with the appointed BMS representative for your lot, perhaps through the Committee for your scheme, and they can bring up the matter with the building management group.
Each building management statement is unique so we can’t comment on what the terms might be. It is worth reading them and then reading them again and again to get a clear understanding of what is and isn’t permissible under the terms of the statement. Presumably, you would need to review the sections relevant to what decisions the building management group can take and what steps to take in the event of a dispute.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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