New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 4

SCHEDULE 4 – Inspection of records and provision of certificates

(Section 26)

1 Inspection of records

(1) An association must make available for inspection by an applicant under section 26 such of its records as comprise--
(a) the community roll, precinct roll or neighbourhood roll kept by the association, and
(b) the management statement for the association, and
(c) any applicable development contract, and
(d) the plans, specifications, certificates, diagrams, policies of insurance and other documents delivered to the association by the original proprietor at the first annual general meeting, and
(f) each current policy of insurance taken out by the association and the receipt for the premium last paid, and
(g) any records retained by the association for the prescribed period under clause 9 of Schedule 1, and
(h) in the case of a precinct association or a neighbourhood association--any records provided by the association of which it is a member, and
(i) any other records under the control of the association, and
(j) if the duties of the association under this clause have been delegated to a managing agent--such other records relating to the community scheme, precinct scheme or neighbourhood scheme (including records of the managing agent) as may be prescribed.
(2) The association--
(a) must permit the applicant to make copies of, or to take extracts from, the records without removing them from the custody of the association, or
(b) may permit the records to be removed from the custody of the association for the purpose of inspecting them and making copies of them or taking extracts from them.
(3) The association must comply with the requirements of this clause--
(a) at a time and place agreed to by the association and the applicant, or
(b) in the absence of any such agreement within 3 days after receipt of the application by the association--at the parcel at a time, and on a date, fixed by subclause (4).
(4) The time and date fixed by this subclause are--
(a) a time between 9 am and 8 pm, and
(b) a date that is not later than 10 days after receipt of the application,
specified in a notice posted to the applicant by the association immediately after the failure to reach agreement.

2 Matters to be certified

An association must supply an applicant under section 26 with a certificate in the approved form stating, as at the date of the certificate and in relation to the lot or scheme to which the application relates--

(a) the name and address of each member of the executive committee of the association and the name and address of any managing agent appointed under this Act for the scheme, and
(b) the amount of any regular periodic contributions required to be made to the administrative fund, and the sinking fund, of the association and the respective periods to which they relate, and
(c) the amount of any such contribution that has not been paid, and
(d) the date on which any regular periodic contribution to the administrative fund, and the sinking fund, of the association was levied, and
(e) in the case of a precinct association or a neighbourhood association within a community scheme--the particulars referred to in paragraphs (b), (c) and (d) in relation to contributions to the community association and to any precinct association of which it is a member, and
(f) any unpaid amount levied to meet expenses the association could not at once meet from its administrative fund or its sinking fund and the date on which it was levied, and
(g) if the application relates to a development lot, neighbourhood lot or strata lot to which is attached the use of restricted property--any amount unpaid by the proprietor in relation to that use, and
(h) any unpaid amount levied as provided by the order of a court for payment of costs by the association and the date on which it was levied, and
(i) if the application relates to a development lot or a neighbourhood lot--the amount of any debt recoverable from the proprietor of the lot in respect of work done by the association on, or in relation to, the lot, and
(j) the rate and amount of any interest payable on an unpaid contribution, and
(k) any other information required to complete the approved form.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback