New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 109

109 Certificate by owners corporation as to financial and other matters relating to lot

(1) Who may request certificate? An owner, mortgagee or covenant chargee of a lot or a person authorised by the owner, mortgagee or covenant chargee may request the owners corporation to give a certificate under this section in relation to a particular lot.

(2) Form of request The request must be in writing and accompanied by the fee prescribed by the regulations.

(3) Information relating to lot to be included in certificate The certificate must specify the following information in respect of the relevant lot:

(a) the amount of any regular periodic contributions determined by the owners corporation under Part 3, the periods for which those contributions are payable and any discounts applicable for early payment,

(b) whether there is any amount unpaid of any other contributions determined under Part 3 and, if so, the amount unpaid and, in the case of a contribution levied in respect of the sinking fund, the date on which any such contribution was levied,

(c) whether there is any amount unpaid by an owner under a by-law to which Division 4 of Part 5 of Chapter 2 applies,

(d) whether there is any amount unpaid of any contribution levied under section 76 (4) and, if so, the amount unpaid and the date on which it was levied,

(e) whether there is any amount recoverable from the owner of that lot for work carried out by the owners corporation,

(f) any amount and rate of interest payable in relation to any unpaid contribution referred to in this subsection,

(g) whether there is any fine unpaid under this Act that is a charge on the lot,

(h) such other information as is required to complete the certificate.

(4) Information relating to management of strata scheme to be included in certificate The certificate must state, as at the date of the certificate, the name and address of each member of the executive committee and of any strata managing agent and caretaker appointed under this Act for the strata scheme.

(5) Extra information required in relation to community schemes If the strata scheme is part of a community scheme, the certificate must also include:

(a) the amount of any regular periodic contributions required to be made to the administrative fund, and the sinking fund, of the community association and the respective periods to which they relate, and

(b) the amount of any such contribution that has not been paid, and

(c) the date on which any regular periodic contribution to the administrative fund, and the sinking fund, of the association was levied, and

(d) if the strata scheme is also part of a precinct scheme-the same information in relation to the precinct scheme as is required by paragraphs (a), (b) and (c) in relation to the community scheme.

(6) Form of certificate The certificate must be in the form prescribed by the regulations.

(7) When must certificate be given An owners corporation must give a certificate under this section not later than 14 days after receipt by it of an application for the certificate.

Maximum penalty: 2 penalty units.

(8) Certificate is evidence of matters stated in it A certificate given under this section is conclusive evidence, as at the date of the certificate, of the matters stated in it in favour of a person (whether or not the applicant for the certificate or a person referred to in the certificate) taking for valuable consideration:

(a) an estate or interest in a lot in a freehold strata scheme to which the certificate relates, or

(b) an estate or interest in a lease of a lot in a leasehold strata scheme to which the certificate relates.