Western Australian Current Acts Western Australian Current Acts (1) A strata company
commits an offence if it does not, within 14 days after being given an
application for a certificate under section 107, provide the applicant with a
certificate certifying, as at the date of the certificate, the following
matters as stated in the application —
(a)
whether or not a strata management contract is in effect and, if so, when the
contract starts and ends;
(b)
details of any contracts of insurance maintained by the strata company,
including the name of the insurer, the contract number, the type and amount of
cover, and the expiry day;
(c)
whether any transfer, lease or other disposition has been entered into or
exclusive use by-laws have been made in favour of a person over the common
property but not registered by the Registrar of Titles, and, if so, the name
of the person and the nature and effect of the transaction or by-laws.
Penalty for this subsection: a fine of $3 000.
(2) A strata company
commits an offence if it does not, within 14 days after being given an
application for a certificate under section 107, provide the applicant with a
certificate certifying, as at the date of the certificate, the following
matters as they relate to a lot specified in the application —
(a) the
amount and due date of contributions determined for the lot —
(i)
at the most recent annual general meeting of the strata
company; and
(ii)
at any time subsequent to that meeting; and
(iii)
in the previous 12 months;
(b) any
amount owed to the strata company by the owner or occupier of the lot that is
outstanding, the date on which it became outstanding, and the nature of the
payment;
Note for this paragraph:
For example, the
amount may be an amount of —
• contributions; or
• an amount payable under exclusive use
by-laws; or
• an amount payable for work undertaken on
the part of the owner of the lot; or
• any penalty or other amount ordered to be
paid by the Tribunal; or
• any amount payable for utility services or
other services or amenities.
(c) the
rate of interest payable in respect of the outstanding amount.
Penalty for this subsection: a fine of $3 000.
(3) A certificate
under this section is conclusive evidence of the matters stated in the
certificate, as at the date of the certificate, in favour of a person taking
an estate or interest in a lot for valuable consideration.
[Section 110 inserted: No. 30 of 2018 s. 83.]