Tuesday, September 22, 2020

Owners Corporation Act 2006

Part 9
Division 3
Section 151

Owners corporation certificate | Section 151

(1)     Any person may apply to the owners corporation for an owners corporation certificate.

S. 151(2) amended by Nos 2/2008 s. 18, 33/2014 s. 7(1).

(2)     The application must be in writing and must be accompanied by the fee determined by the owners corporation, which must not exceed the relevant prescribed fee.

Note

The Electronic Transactions (Victoria) Act 2000 enables this application to be made electronically.

(3)     The owners corporation must issue an owners corporation certificate within 10 business days after it receives an application and fee under this section.

(4)     An owners corporation certificate must—

(a)     contain the prescribed information relating to the owners corporation and a lot which must include the prescribed information relating to—

(i)     fees payable in respect of the lot;

(ii)     fees and charges that are imposed or proposed to be imposed on the lot;

(iii)     fees and other money owing in respect of the lot;

(iv)     insurance;

(v)     repairs and maintenance;

(vi)     the funds held by the owners corporation;

(vii)     liabilities and contingent liabilities of the owners corporation including any liabilities or contingent liabilities arising from legal proceedings;

(viii)     contracts, leases, licences and agreements affecting the common property;

(ix)     services provided to lot owners and occupiers and the public;

(x)     notices and orders served on the owners corporation;

(xi)     legal proceedings to which the owners corporation is a party;

(xii)     the manager;

(xiii)     any appointment of an administrator; and

(b)     be accompanied by—

(i)     a copy of the rules, or, if the rules have been amended the consolidated rules of the owners corporation as recorded on the Register; and

(ii)     a statement in the prescribed form providing advice and information to prospective purchasers and lot owners; and

(iii)     a copy of all resolutions made at the last annual general meeting of the owners corporation; and

(iv)     any other documents of a prescribed kind; and

S. 151(4)(b)(v) amended by No. 1/2010 s. 40(1).

(v)     a statement advising that further information on prescribed matters can be obtained by inspection of the owners corporation register; and

S. 151(4)(c) inserted by No. 1/2010 s. 40(2).

(c)     be sealed with the owners corporation’s common seal.

S. 151(5) inserted by No. 33/2014 s. 7(2).

(5)     The owners corporation must not charge a person making an application under this section a fee in excess of the relevant prescribed fee for the issue of an owners corporation certificate.

Penalty:     60 penalty units.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

didn't find what you are looking for?

Try searching for It

Hello!

Drop us a message!