A Community Management Statement, usually shortened to CMS, is one of the central documents behind a Queensland body corporate property. It is the recorded document that helps identify the community titles scheme, sets out the regulation module that applies to it, records the lot entitlement schedules, contains the scheme’s by-laws unless the scheme uses the statutory by-laws, and may also deal with matters such as exclusive use areas, staged development, layered scheme structures and services location information. For a buyer, owner or occupier, the CMS is not just background paperwork sitting behind the title search. It is one of the documents that explains how the property is legally organised, how the body corporate is governed, what rules apply to the use of lots and common property, and how certain costs, voting values and ownership interests are divided. Under Queensland’s body corporate legislation, a community management statement has no effect unless it is recorded, and once it takes effect it binds the body corporate, lot owners and occupiers in the scheme.
Why The CMS Matters
The easiest way to understand a CMS is to see it as the rulebook and identity document for a community titles scheme, although that description still understates its importance. In a detached house, the owner usually looks at the title, easements, planning constraints, contracts, building approvals and neighbourhood context to understand what they are buying. In a body corporate property, the buyer also needs to understand that the lot sits inside a shared legal structure, where ownership of the individual lot is connected to common property, body corporate decision-making, shared expenses, by-laws and the conduct of other owners and occupiers. The CMS is one of the main documents that brings those matters together, which is why it can be highly relevant to everyday questions such as whether a balcony can be enclosed, whether pets are regulated, whether a car space is part of the lot or only an exclusive use area, whether a courtyard belongs to one owner or is common property, whether levies are shared equally, and which regulation module sets the scheme’s meeting, voting, committee and administrative framework.
For buyers, the CMS is especially important because it helps reveal that an apartment, townhouse, duplex, commercial unit or mixed-use lot is not simply a standalone piece of real estate. Buying into a community titles scheme means becoming a member of the body corporate, and that membership cannot be opted out of after settlement. Ownership comes with rights, but also with obligations to comply with the by-laws, pay contributions, avoid nuisance or unreasonable interference, and participate in a shared legal and financial structure that may affect renovations, repairs, common property use, insurance, parking, pets, letting, appearance controls and future capital works. A contract, sales brochure or agent’s description may give a practical impression of the property, but the CMS is one of the documents that shows how the scheme is actually set up.
How A Community Titles Scheme Is Created
A community titles scheme in Queensland is generally created by recording a first CMS together with the relevant plan of subdivision. That process identifies the scheme land, which includes the lots and the common property, and the recording of the first CMS and plan creates both the body corporate for the scheme and indefeasible titles for the lots and common property. This is why the CMS should not be treated as an optional management document or a set of informal house rules. It is part of the legal machinery that establishes the scheme and gives the body corporate its structure.
The CMS also matters because many later changes to a scheme are not made by simply scribbling amendments into the existing document. Under the Queensland framework, the existing CMS is not amended in place. A new community management statement is recorded in place of the existing one, and the new recorded statement becomes the current document for the scheme. That distinction matters in practice because owners, buyers and advisers should be looking at the latest recorded CMS, not an old copy kept in an email folder, old disclosure pack or body corporate file.
What The CMS Usually Contains
A Queensland CMS must identify the scheme land and must state key identifying information for the scheme, including the scheme name and the name of the body corporate, and the first CMS must identify the original owner. It must identify the regulation module that applies to the scheme, include the contribution schedule and interest schedule, and include by-laws unless the scheme is using the standard by-laws set out in the legislation. Depending on the type and timing of the scheme, it may also include services location diagrams, information about statutory easements, explanations of how lot entitlements were decided, future development material for progressive developments, and information about layered arrangements where one community titles scheme sits within a larger structure.
That combination of information is what makes the CMS so useful. It is not only a by-law document, although by-laws are often the part most owners read first. It is also not merely a schedule of lot entitlements, even though those figures can affect costs and voting. A properly read CMS gives a broader picture of the scheme’s legal identity, internal governance framework, ownership structure, cost-sharing basis, rules of occupation and sometimes future development expectations. In large apartment buildings, townhouse estates, mixed-use developments and layered schemes, the CMS can be the first document that shows whether the property is straightforward or whether it sits inside a more complex shared structure.
The Regulation Module
Every Queensland community titles scheme regulated under the Body Corporate and Community Management Act has one regulation module applying to it at any time, and the CMS identifies which module that is. The five modules are the Standard Module, Accommodation Module, Commercial Module, Small Schemes Module and Specified Two-lot Schemes Module. These modules matter because they contain detailed rules about body corporate administration, committee arrangements, meetings, decision-making, contracts, spending controls and other procedural matters, and different types of schemes may operate under different modules depending on their size, use and character.
This can be a practical issue for buyers because two properties that look similar from the street may operate under different procedural rules. A mostly owner-occupied apartment building may sit under one framework, a short-stay or investor-heavy accommodation scheme under another, a small group-title townhouse complex under another, and a two-lot residential scheme under a simplified framework. The module does not tell the whole story, because the scheme’s by-laws, budgets, condition, disputes and management history also matter, but it does tell a buyer or owner which detailed set of body corporate rules applies behind the scenes.
Lot Entitlements
One of the most financially important parts of the CMS is the lot entitlement information. Queensland community titles schemes have two schedules of lot entitlements, being the contribution schedule and the interest schedule. Contribution schedule lot entitlements are generally used to calculate each owner’s share of most body corporate costs and may also be relevant to the value of an owner’s vote if a poll is called on an ordinary resolution. Interest schedule lot entitlements are used for matters such as each owner’s share in the common property and body corporate assets if the scheme ends, and they can also be relevant to certain rating, charging and insurance calculations.
For a buyer, this is one of the areas where the CMS can turn a seemingly simple price comparison into a more careful due diligence exercise. Two units may be similar in size, condition and position, yet have different lot entitlements, and those differences may affect levies, certain insurance contributions or voting outcomes. A larger penthouse, a ground-floor lot with a large courtyard, a commercial lot in a mixed-use building, or a lot with a different burden on common property costs may not always contribute on the same basis as a smaller or more standard lot. The important point is not that unequal entitlements are automatically unfair, but that they should be understood before buying, especially where the levies, sinking fund forecasts, building insurance arrangements or future capital works could be significant.
By-Laws
The CMS is where the scheme’s by-laws are found, unless the scheme has adopted the standard statutory by-laws. By-laws are the rules made by a body corporate to control and manage common property, body corporate assets, services and facilities provided by the body corporate, and the use of lots. They are the part of the CMS most likely to affect daily living, because they can deal with matters such as noise, parking, appearance, pets, balconies, rubbish, use of facilities, behaviour on common property, renovations, moving in and out, and other conduct that affects people living, working or investing in the scheme.
A recorded by-law should still be read carefully rather than assumed to be valid simply because it appears in the CMS. Queensland law limits what body corporate by-laws can do. A by-law cannot be inconsistent with the body corporate legislation or another law, cannot stop or restrict a sale, lease, transfer, mortgage or other dealing with a lot, cannot discriminate between types of occupiers, cannot be unreasonable when the interests of owners and occupiers and the use of common property are considered, cannot restrict the type of residential use of a residential lot, and generally cannot impose a monetary liability on an owner or occupier except through an exclusive use by-law. A by-law may appear in a recorded CMS and still be vulnerable to challenge if it exceeds what the law allows.
Exclusive Use Areas
Exclusive use by-laws are one of the most important reasons to read the CMS carefully. In many Queensland schemes, an owner may have the practical use of a courtyard, balcony extension, storage area, rooftop area, car space or other area that is not actually part of their lot. Instead, the area may be common property or a body corporate asset allocated to that lot by an exclusive use by-law. This can feel like ownership in everyday life because the area may be fenced, marked, used only by one lot and treated by residents as part of that owner’s private space, but legally it can be very different from owning the area as part of the lot title.
That distinction matters because exclusive use rights usually come from the CMS, not from the ordinary lot title alone. An exclusive use by-law may allocate an area to a lot, set conditions about how it can be used, and sometimes impose maintenance, repair or cost obligations on the benefiting owner. Creating or changing an exclusive use by-law is usually more difficult than changing ordinary by-laws, because it requires a resolution without dissent and the written agreement, or personal vote, of the owner of the lot that benefits from the by-law. The new CMS containing the exclusive use by-law must be recorded within the required time, and the by-law only applies when the new statement is recorded.
This is why buyers should be cautious about informal statements such as “the unit comes with a courtyard” or “that second car park belongs to this apartment.” The plan, title, CMS and body corporate records need to be read together. Sometimes the space is part of the lot. Sometimes it is common property under exclusive use. Sometimes it is a licence, lease, allocation, historical arrangement or informal practice that may not give the buyer the rights they expected. The CMS is often the document that clarifies the position, particularly when the area has been carved out by by-law rather than created as part of the lot.
Common Property And The CMS
Common property is one of the defining features of a community titles scheme. It may include driveways, foyers, hallways, lifts, roofs, structural elements, gardens, pool areas, visitor parking, services infrastructure, shared walls, stairwells, plant rooms or other shared parts of the scheme depending on the plan and the type of development. Under the Queensland framework, common property for a community titles scheme is owned by the owners of the lots as tenants in common in shares proportionate to their interest schedule lot entitlements, while the body corporate has functions and powers to administer, manage and control common property and body corporate assets for the benefit of lot owners.
The CMS interacts with common property in several ways. It may record by-laws controlling how common property is used, exclusive use by-laws allocating particular areas to particular lots, lot entitlement schedules affecting ownership shares or financial consequences, and in some schemes service diagrams or easement information that helps explain how infrastructure runs through or across lots and shared areas. For owners planning renovations, air-conditioning installations, solar equipment, balcony works, flooring changes, courtyard changes or common property improvements, the CMS should be read with the plan, by-laws, regulation module, body corporate records and any relevant approvals before work begins.
Changing A CMS
A body corporate can make changes that require a new CMS, but the process depends on the nature of the change. Ordinary by-law changes usually require a motion to record a new CMS containing the changed by-laws, commonly by special resolution at a general meeting, while exclusive use by-law changes generally require a resolution without dissent. The new CMS must then be recorded with Titles Queensland within the required timeframe, and a by-law generally starts when the registrar records the new CMS that contains it, unless the by-law itself sets a later date.
Other changes can also require a new CMS, including changes connected with subdivision, staged development, lot entitlement adjustments, changes to the regulation module, scheme name changes or changes affecting scheme land. A request to record a new CMS must be lodged when a new plan of subdivision affecting the scheme is lodged, although a new CMS may also be recorded without a plan if the plans and new statement will remain consistent. Where the body corporate consents to a new CMS, the request to record it must generally be lodged within three months after that consent.
Layered Schemes
Some Queensland properties sit within layered arrangements, where there is more than one community titles scheme and one scheme sits beneath or within a higher-level scheme. This can occur in large mixed-use developments, precinct-style projects, resorts, staged residential developments or complexes with shared facilities used by more than one body corporate. In these arrangements, the CMS for a subsidiary scheme may operate subject to the CMS for the higher scheme, except for certain unaffected provisions.
For a buyer, layered arrangements can be especially important because the rules, costs and decision-making framework may not be fully visible from the CMS of the immediate building alone. There may be a principal scheme controlling shared roads, landscaping, recreational facilities, basement areas, visitor parking, signage, security infrastructure or other precinct-level assets, and the costs and obligations may flow down through the structure. In that situation, due diligence should extend beyond the lot’s own body corporate documents and into the higher-level scheme documents where relevant.
What The CMS Does Not Tell You
A CMS is important, but it is not a complete health check on the body corporate. It does not, by itself, tell a buyer whether the building has defects, whether the committee is functioning well, whether levies are likely to rise, whether there are unresolved disputes, whether a special levy is being discussed, whether insurance premiums have increased sharply, whether waterproofing, fire compliance, cladding, roof, lift or structural issues are emerging, or whether the body corporate has a difficult history of enforcement or owner conflict. Those matters are usually found through a broader review of body corporate records, meeting minutes, budgets, levy notices, insurance documents, correspondence, contractor reports and professional advice.
That is why the CMS should be read as one part of a wider body corporate due diligence process. It is the foundational document for the scheme’s structure and rules, but it should be paired with the body corporate certificate, seller disclosure material, the registered plan, the title search, body corporate records, insurance information, maintenance history and any relevant building or legal advice. From 1 August 2025, Queensland’s seller disclosure scheme also affects the timing and nature of information buyers receive before signing, but buyers may still need to make their own targeted enquiries where a particular issue matters to them.
How Buyers Can Access The CMS
A buyer, owner or adviser can obtain CMS information through title and scheme searches. A community titles scheme can be searched using the scheme name, the community titles scheme number, or the plan number of a lot in the scheme. A scheme search statement can reveal the name of the scheme, the body corporate name and address, the CMS number, and the lots and title references for the lots in the scheme, while a search of the current CMS provides a copy of the request to record the CMS and the CMS itself.
In practice, buyers should not assume that the copy supplied early in a marketing campaign is necessarily the final word. If a new CMS has recently been recorded, if a by-law change has just passed, if a car park or exclusive use allocation has recently changed, if a staged development is progressing, or if a seller’s documents appear old, it is worth checking whether the latest recorded version has been obtained. Body corporate managers, conveyancers, solicitors and search providers can help identify whether the documents being reviewed are current.
Why The CMS Should Be Read Before Signing
The CMS can affect how a property is used from the first day of ownership. It may shape whether approval is needed for a pet, whether timber flooring can be installed, whether balcony blinds are permitted, whether external appearance controls apply, whether a courtyard is the owner’s responsibility, whether a car space can be swapped or transferred, whether short-term letting is regulated, whether smoking is restricted in outdoor areas, whether renovations need approval, and whether a particular lot pays a higher or lower share of body corporate costs than expected. None of these issues should be left until after settlement if they are important to the buyer’s intended use of the property.
A careful CMS review is also useful for sellers. If a seller is describing a car park, storage cage, courtyard, rooftop space, garden area or improvement as part of the property’s appeal, the CMS and plan should support that description. If the seller has made changes to the lot or common property, the CMS and body corporate records may help show whether the right approvals exist. If the by-laws are outdated, harsh, unclear or inconsistent with how the scheme actually operates, that can become a practical issue during contract negotiations, buyer due diligence or future disputes.
Professional Advice
A CMS is a legal document, and many of its consequences are not obvious from a quick read. The safest approach for a buyer is to have the contract, title documents, CMS, plan, body corporate certificate and body corporate records reviewed by an appropriately qualified conveyancer or solicitor, especially where the property has an exclusive use area, unusual lot entitlements, a layered scheme structure, a staged development component, high levies, recent by-law changes, parking or storage questions, renovation plans, management rights issues or signs of dispute. Body corporate managers and real estate agents may help locate documents or explain practical processes, but they are not a substitute for legal advice about what the CMS actually means for a buyer’s rights and obligations.
The same caution applies to owners proposing changes. A body corporate may need to pass the correct resolution, prepare the new CMS correctly, obtain required consents, observe time limits, ensure the change is legally valid, and record the new CMS properly. A flawed process can leave the scheme with uncertainty, an unenforceable by-law, a disputed exclusive use allocation or documents that do not match what owners thought they had approved. For anything more than a simple administrative update, professional advice is usually a practical safeguard rather than an unnecessary formality.
The Practical Takeaway
A Community Management Statement is one of the most important documents in a Queensland body corporate property because it connects the legal identity of the scheme with the way the property is owned, governed, funded and used. It tells owners and buyers which regulation module applies, what by-laws regulate the scheme, how lot entitlements are recorded, whether exclusive use rights exist, and whether the scheme has features such as future development or layered arrangements that require closer attention. It does not replace a full body corporate records search or professional advice, but without reading it, a buyer may miss some of the most important rules and structures affecting the property they are about to own.
General information only. This is not legal advice and should not be relied on as a substitute for advice from a Queensland solicitor, conveyancer or appropriately qualified professional who can review the current CMS, contract, title documents, body corporate records and circumstances of the particular scheme. Laws, forms, registration practice and disclosure requirements can change, and body corporate issues often turn on the exact wording of the CMS and the history of the scheme.
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Disclaimer: Every effort has been made to ensure the accuracy of the information provided, but we make no guarantees regarding its completeness or reliability. The data is presented for general informational purposes only and does not constitute financial, investment, or legal advice. We are not liable for any errors, omissions, or consequences arising from its use. Users should verify details with relevant sources and seek professional advice where appropriate for the most accurate and up-to-date guidance.
