Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 40

40 Supply of information, certificates and copies by body corporate

(1) A body corporate incorporated by the registration of a plan shall, upon application made to it in writing in respect of a lot the subject of that plan by a prescribed person and on payment of the prescribed fee, do such 1 or more of the following things as are required of it in the application—

(a) inform the applicant of the name and address of each person who is the chairperson, secretary or treasurer of the body corporate or a member of the committee and of any person who has been appointed under section 50 or 94 as body corporate manager;

(b) make the following available for inspection by the applicant or the applicant’s agent—

(i) the roll;

(ii) the notices and orders referred to in section 38D (1) (a) ;

(iii) the plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates, diagrams and other documents delivered under section 5 (7E) or 29 (4) ;

(iv) the minutes of general meetings of the body corporate and of the committee;

(v) the books of account of the body corporate;

(vi) a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) ;

(vii) every current policy of insurance effected by the body corporate and the receipt for the premium last paid in respect of each such policy;

(viii) any other record or document in the custody or under the control of the body corporate;

(ix) the by-laws for the time being in force;

at such time and place as may be agreed upon by the applicant or the applicant’s agent and the body corporate and, failing agreement, at the parcel at a time and on a date fixed by the body corporate under subsection (2) ;

(c) certify, as at the date of the certificate, in respect of the lot in respect of which the application is made—

(i) the amount of any regular periodic contributions determined by the body corporate under section 38A (1) , (2) and (5) and the periods in respect of which those contributions are payable; and

(ii) whether there is any amount unpaid of any contribution determined under section 38A (1) and of any contribution determined by the body corporate under section 38A (2) and, if so, the amount thereof and, in the case of a contribution levied under section 38A (2) , the date on which any such contribution was levied; and

(iii) whether there is any amount unpaid of any contribution levied under section 38A (3) or 38B and, if so, the amount thereof and the date on which it was levied; and

(iv) whether there is any amount unpaid by a proprietor under a by-law referred to in section 30 (7) ; and

(v) whether there is any amount unpaid of any contribution levied under section 124 (2) and, if so, the amount thereof and the date on which it was levied; and

(vi) whether there is any amount recoverable from the proprietor of that lot under section 33 (3) or (4) and, if so, the amount thereof; and

(vii) the amount (if any) determined under section 38A (4) in respect of any unpaid contribution referred to in this paragraph;

(d) furnish to the applicant or the applicant’s agent a copy of the by-laws for the time being in force or any part thereof within a period of 14 days commencing on the day next after the day on which the application is received by the body corporate.

(2) Where an applicant and a body corporate fail to reach an agreement referred to in subsection (1) (b) within 3 days after the receipt of the application by the body corporate, the body corporate shall forthwith send by post to the applicant a notice fixing a time, specified in the notice, between 9a.m. and 8p.m. on a date so specified, being a date not later than 14 days after the receipt of the application by the body corporate for the making of the inspection referred to in subsection (1) (b) .

(3) The body corporate shall permit any person to whom the by-laws are made available for inspection to make copies of or take extracts from the by-laws.

(4) In favour of a person taking for valuable consideration an estate or interest in any lot a certificate given under subsection (1) (c) by the body corporate in respect of that lot is conclusive evidence, as at the date of the certificate, of the matters stated therein.

(5) For the purposes of subsection (1) —

"prescribed person" means—

(a) a proprietor or mortgagee of the lot in respect of which the application is made or a person authorised in writing by that proprietor or mortgagee; or

(b) a person who signs (by himself, herself or the person’s agent) a contract for sale or other instrument that is intended to bind the person (absolutely or conditionally) to purchase the lot in respect of which the application is made from the proprietor of that lot or a person authorised in writing by the firstmentioned person.

(6) An application under subsection (1) by a person specified in provision (b) shall be supported by a statutory declaration under the Oaths Act 1867 unless the body corporate is otherwise satisfied that an applicant is such a person.