Recently, we registered a new CMS for a Body Corporate client in Brisbane. It was very important for the client to know the exact date that the new CMS was recorded. The current BCCM Act states that a new CMS comes into effect on the day that the CMS is recorded by the Titles Office (see Section 52 of the Act).The land titles Act (see Section 115 of the Act) states that the community management statement takes effect when it is recorded by the registrar as the community management statement for the scheme.
An applicant will receive from the Titles Office a Registration Confirmation Statement (RCS) for the common property once the new CMS has been recorded. An RCS is simply the current status of the relevant title. The RCS will state the date and time that the request for the new CMS was recorded by the Titles Office. The date and time will match with lodgement when completed in person, or a day or so later when lodged by post. However, the date that the CMS was recorded (not the request) can only be identified by inspection of the dealing which identifies the new CMS. The dealing number referencing the ‘NEW CMS’ is shown on the RCS but not the exact date of recording. The date will probably be very close to the date the RCS was issued. But to know exactly would require an image of the dealing to be inspected. In the top left corner of the dealing, the date of registration will be stamped.
The issuing of the RCS may take some days or weeks. This is because, after examination of the new CMS by the Titles Office, the CMS may be found deficient in procedural or content and unable to meet the conditions for registration. For example, the Titles Office may reject a bylaw as being invalid as it is in violation of the Act. A rejected CMS must be amended and resubmitted and this may take some time. Consequently, the date of the request for the new CMS may be somewhat earlier than the date that the CMS is actually recorded and begins to take effect.
