UNIT TITLES ACT 1975 - SECT 37 Statement of members' liability to corporation and inspection of books, &c.
UNIT TITLES ACT 1975 - SECT 37
Statement of members' liability to corporation and inspection of books, &c.(1) This section applies to the following persons:
(a) the proprietor or mortgagee of a unit; and
(b) a person who produces the consent in writing of the proprietor of a unit to the making of a request under this section.
(2) A person to whom this section applies may request the relevant corporation:
(a) to issue to him within 14 days after the request is received by the corporation, a certificate under the seal of the corporation certifying whether or not any amount that is payable under section 36 by way of contribution in respect of that unit is unpaid on the date of the certificate and, if so, the amount unpaid and the date on or before which the amount is, or will become, due; or
(b) to make, as soon as is reasonably practicable after the request is received by the corporation, the books and records of the corporation available for his inspection and to give him reasonable opportunity to inspect those books and records.
(3) A request under this section shall be in writing.
(4) The corporation is entitled to charge a fee for supplying the certificate or making available the books and records under this section not exceeding the cost to the corporation of providing that service.
(5) If default has been made by a corporation in complying with a request made under this section, each person who was, at the time when the default occurred, a committee-man of the corporation is, unless he proves that he took reasonable steps to ensure that the default did not occur or proves that the default occurred without his knowledge, guilty of an offence.
Maximum penalty: 20 penalty units.
(6) Where a person has acted in good faith on a matter stated in a certificate issued by the corporation under this section, then, in an action by or against the corporation, the corporation is estopped, as against that person, from denying the truth of that or any other matter stated in the certificate.