Body corporate certificate
40AA Body corporate certificate
An interested person may ask a body corporate incorporated by the registration of a plan for a certificate under this section (a body corporate certificate) giving financial and other information about a lot the subject of the plan.
The request must be in writing and accompanied by the fee prescribed by regulation.
Within 5 business days after receiving the request, the body corporate must give the person a body corporate certificate in the approved form for the lot.
Maximum penalty—20 penalty units.
A person who obtains a body corporate certificate may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate, other than to the extent to which the certificate contains an error that is reasonably apparent.
The approved form for a body corporate certificate—
must include provision for information about the matters relating to a lot that are prescribed by regulation; and
may include other matters.
An interested person may ask the body corporate for stated financial information, of the type included in the approved form for a body corporate certificate, about a lot the subject of the plan.
The request must be in writing and accompanied by the fee required by the body corporate.
The fee required under subsection (7) must not be more than the amount payable under subsection (2) for a request for a body corporate certificate for the lot.
Within 5 business days after receiving the request, the body corporate must give the person the requested financial information.
Maximum penalty—20 penalty units.
A person who obtains financial information under this section may rely on the information against the body corporate as conclusive evidence of the information other than to the extent to which the information contains an error that is reasonably apparent.
In this section—
interested person, for a lot the subject of a plan, means—
a proprietor of the lot; or
a mortgagee of the lot; or
a buyer under a contract for the sale of the lot; or
a person to whom a proprietor of the lot has given a disclosure statement under the Property Law Act 2023, section 99(1)(a); or
another person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or
an agent of a person mentioned in paragraphs (a) to (e).
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.