Australian Capital Territory Current Acts

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UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 119

Unit title certificate and access to owners corporation records

    (1)     An eligible person for a unit or the common property in a units plan may request the owners corporation give the person—

        (a)     a certificate stating information about the unit or the common property suitable for disclosure to a potential buyer (a unit title certificate ); or

        (b)     a certificate updating information in the unit title certificate (a unit title update certificate ).

    (2)     However, an eligible person may only request a unit title update certificate within 4 months after the day a unit title certificate is given.

    (3)     The owners corporation must, within 14 days after receiving a request under subsection (1), give the person the requested certificate.

    (4)     The Minister may determine the information that must be included in a unit title certificate or a unit title update certificate.

    (5)     On request by an eligible person for a unit or the common property to inspect the records of an owners corporation, the corporation must, within 14 days after the day the request is received, allow the person—

        (a)     to inspect—

              (i)     the information on the corporate register; and

              (ii)     any other records held by the corporation; and

        (b)     to take copies of any document inspected.

    (6)     If a dispute exists, the owners corporation may withhold from inspection documents subject to legal professional privilege in relation to the dispute.

    (7)     A request under this section must be in writing accompanied by a fee fixed by the owners corporation of not more than an amount determined by the Minister.

    (8)     A determination under subsection (4) or (7) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (9)     In this section:

"eligible person" includes a person who enters into a contract for sale of the unit in relation to which access to information is required.



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