New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 171

171 Requests of inspection of records and certificates about associations

(1) The following persons may request an association to allow an inspection or provide a certificate (an
"association information certificate" ) under this Division--

(a) in relation to a development lot--the owner or mortgagee of the lot or another person authorised in writing by the owner or mortgagee,

(b) in relation to a subsidiary scheme--an owner or mortgagee of a neighbourhood lot or strata lot within the scheme or another person authorised in writing by the owner or mortgagee,

(c) in relation to a subsidiary scheme--the association or strata corporation constituted under the subsidiary scheme or another person authorised in writing by the association or strata corporation.

(2) The request must be made by written notice given to the association and be accompanied by the fee (if any) prescribed by the regulations.

(3) The requirements of subsection (2) do not apply to a request made by the original owner (whether or not having ceased to be an owner), or the agent of the original owner, to inspect the association roll for the purpose of complying with requirements for giving notice of an annual general meeting of an association.

(4) If a request is made in accordance with this section and the prescribed fee (if any) is paid, an association must--

(a) make records available for inspection in accordance with this Division, or

(b) supply a certificate in accordance with this Division not later than 14 days after receipt by it of the request for the certificate.

: Maximum penalty--5 penalty units.

(5) If a request is made to an association by the Secretary that records be made available for inspection or for an association certificate in order to assist the Secretary in the exercise of the Secretary's functions, the association must, without charge--

(a) make records available for inspection by the Secretary in accordance with this Division, or

(b) supply the Secretary with a certificate in accordance with this Division.

: Maximum penalty--5 penalty units.

(6) Despite any other provision of this section, a neighbourhood association must not make available for inspection any record that would disclose how an owner of a neighbourhood lot voted in a secret ballot unless the neighbourhood association is directed to do so by the Tribunal or a court.