New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 9

9 Meeting to be held by original proprietor

(1) The person who is, or was, the original proprietor of land subdivided by a community plan, precinct plan or neighbourhood plan must, within 2 months after expiration of the initial period for the association constituted by registration of the plan, convene and hold a general meeting of the association as prescribed.

(2) A person who fails to comply with subsection (1) is guilty of an offence.

Maximum penalty: 10 penalty units.

(3) The person who is, or was, the original proprietor is guilty of an offence unless, at the meeting, there is delivered to the association:

(a) all plans, specifications, certificates, diagrams, policies of insurance and other documents relating to the community parcel, precinct parcel or neighbourhood parcel that have been obtained or received by the original proprietor, and

(b) any agreements entered into by the original proprietor with respect to the construction, preparation or maintenance of association property, and

(c) a copy of any development contract relating to the scheme under which it is constituted as an association, and

(d) a copy of the diagram illustrating the situation of all service lines referred to in section 36 of the Community Land Development Act 1989 that have been installed within the scheme under which the association is constituted, and

(e) the certificate of title for the association property, and

(f) the accounting records kept, and the latest financial statements prepared, as required by this Act.

Maximum penalty: 10 penalty units.

(4) Subsection (3) does not apply to:

(a) the certificate of title for a development lot, neighbourhood lot or strata lot, or

(b) the certificate of title for association property if the certificate of title is not in the possession, or under the control, of the original proprietor, or

(c) documents that exclusively evidence rights or obligations of the original proprietor and are not capable of being used for the benefit of the association, a subsidiary body or the proprietor (other than the original proprietor) of a development lot, neighbourhood lot or strata lot.