New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 26

26 Inspection of records and provision of certificates

(1) An association is guilty of an offence if it does not:

(a) make records available for inspection in accordance with clause 1 of Schedule 4, or

(b) supply a certificate in accordance with clause 2 of Schedule 4,

on written application for the inspection or certificate being made under subsection (2) or (3) and the prescribed fee being paid.

Maximum penalty: 5 penalty units.

(2) An application to a community association or precinct association may be made:

(a) in relation to a development lot-by, or with the written authority of, a proprietor or mortgagee of the lot, or

(b) in relation to a subsidiary scheme-by, or with the written authority of, a proprietor or mortgagee of a neighbourhood lot or strata lot within the scheme, or

(c) in relation to a subsidiary scheme-by, or with the written authority of, the association or strata corporation constituted under the subsidiary scheme.

(3) An application to a neighbourhood association may be made in relation to a neighbourhood lot by, or with the written authority of, a proprietor or mortgagee of the lot.

(4) An association is guilty of an offence if it does not, without charge:

(a) make records available for inspection by the Director-General in accordance with clause 1 of Schedule 4, or

(b) supply the Director-General with a certificate in accordance with clause 2 of Schedule 4,

on being informed by the Director-General that the inspection or certificate is required in order to assist the Director-General in the exercise of his or her functions.

Maximum penalty: 5 penalty units.

(5) A certificate given in accordance with clause 2 of Schedule 4 is, in favour of a person taking for valuable consideration an estate or interest in a lot to which the certificate relates, conclusive evidence of the matters certified.