Western Australian Current Acts

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

STRATA TITLES ACT 1985 - SECT 43

43 .         Supply of information and certificates by strata company

        (1)         Upon application made in writing to a strata company by a proprietor or mortgagee of a lot, or by a person authorised in writing by such a proprietor or mortgagee, and on payment of the prescribed fee (if any), the strata company shall do such one 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 chairman, secretary or treasurer of the strata company or a member of the council;

            (b)         make available for inspection by the applicant or his agent and for the exercise of the rights conferred by subsection (5) —

                  (i)         a copy of the schedule of unit entitlement as recorded on the strata/survey-strata plan; and

            (ia)         the roll maintained under section 35A; and

                  (ii)         the notices and orders referred to in and the records kept under section 35(1)(e); and

                  (iii)         the plans, specifications, drawings, certificates, diagrams and other documents delivered under section 49(3); and

                  (iv)         the minutes of general meetings of the strata company and meetings of the council; and

                  (v)         the record of unanimous resolutions, resolutions without dissent and special resolutions passed by the proprietors; and

                  (vi)         the books of account of the strata company; and

                  (vii)         a copy of the statement of accounts of the strata company last prepared by the strata company in accordance with section 35(1)(g); and

                  (viii)         every current policy of insurance effected by the strata company and the receipt for the premium last paid in respect of each such policy; and

                  (ix)         any other record or document in the custody or under the control of the strata company; and

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

                at such time and place as may be agreed upon by the applicant or his agent and the strata company and, failing agreement, at the parcel at a time and on a date fixed by the strata company 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 strata company under section 36 and the periods in respect of which those contributions are payable; and

                  (ii)         whether there is any amount of any contribution determined under section 36 due and payable and, if so, the amount due and payable and, in the case of a contribution levied under section 36(2), the date on which any such contribution was levied; and

                  (iii)         whether there is any amount due and payable by a proprietor under a by-law referred to in section 42(8); and

                  (iv)         whether there is any amount recoverable from the proprietor, mortgagee in possession or occupier of that lot under section 38(4) or (5) and, if so, the amount recoverable; and

                  (v)         any amount and rate of interest payable under section 36(4) in respect of any unpaid contribution referred to in that section; and

                  (vi)         whether any penalty imposed on a proprietor under section 103I is due but unpaid, and if so the amount unpaid; and

                  (vii)         where the lot has a submeter for measuring the amount of gas, electricity or water supplied, whether there is any amount due but unpaid for gas, electricity or water, and if so the amount unpaid;

            (d)         certify, as at the date of the certificate —

                  (i)         details of insurance policies maintained by the strata company, including the name of the insurer, the policy number, the type and amount of cover, and the expiry date; and

                  (ii)         whether any transfer, lease or other disposition has been entered into or exclusive use by-law made in favour of any person in respect of 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-law.

        Penalty: $400.

        (1a)         On application made in writing to a strata company by a proprietor or mortgagee of a lot, or by a person authorised in writing by such a proprietor or mortgagee, the strata company may provide to the applicant copies of —

            (a)         any document referred to in subsection (1)(b); or

            (b)         the roll maintained by the strata company under section 35A,

                and, except for one copy of minutes of general meetings of the strata company provided to each proprietor or mortgagee of that lot, may require the applicant to pay the prescribed fee for any copy so provided.

        (2)         Where an applicant and a strata company fail to reach agreement in accordance with subsection (1)(b) within 3 days after the receipt of the application by the strata company, the strata company shall forthwith send by post to the applicant a notice fixing a time, specified in the notice, between 9 a.m. and 8 p.m. on a date so specified, being a date not later than 10 days after the receipt of the application by the strata company, for the making of the inspection referred to in subsection (1)(b).

        (3)         Information referred to in subsection (1)(a), and a certificate referred to in subsection (1)(c), shall be provided by the strata company not later than 14 days after receiving the application for the information or certificate, as the case may be.

        Penalty: $400.

        (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 strata company in respect of that lot is conclusive evidence, as at the date of the certificate, of the matters stated in the certificate.

        (5)         A person entitled to inspect a document made available under subsection (1)(b) may take extracts from, or make a copy of, the document but may not, without the consent of the strata company, remove the document from the custody of the strata company for the purpose of inspecting the document, taking extracts therefrom, or making a copy of it.

        (6)         A strata company shall comply with any reasonable request for the name and address of each person who is the chairman, secretary or treasurer of the strata company or a member of the council of the strata company.

        [Section 43 amended by No. 58 of 1995 s. 45, 94 and 95.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback