Part 7 Owners corporation records

(1) An owners corporation for a units plan must establish and maintain a register (the corporate register) that includes—

(a) the information mentioned in section 114 (1) for each unit; and

(b) the information mentioned in section 114 (2).

(2) The corporate register may be kept in electronic form.

Note The corporate register contains personal information as defined under the Privacy Act 1988 (Cwlth). The Australian Privacy Principles under that Act apply to the owners corporation in relation to the collection, use, disclosure and storage of personal information.

(1) The owners corporation for a units plan must record on the corporate register the following information for each unit:

(a) if the unit is owned by 1 person—the full name and an address for correspondence of the unit owner;

(b) if the unit is owned by 2 or more part-owners—the full name and address for correspondence of the part-owners’ representative and each other part-owner;

(c) if the unit owner is a company—the full name and address for correspondence of the company’s representative;

(d) if a mortgagee voting notice has been given for the unit—the full name and address for correspondence of the mortgagee’s representative;

(e) if notified in writing to the corporation—the full name and an address for correspondence of anyone else with an interest in the unit together with details of the interest;

(f) the full name of the occupier of the unit (including the owner if the owner occupies the unit).

(2) Also, the owners corporation must record on the corporate register the following information:

(a) the full names of the current executive members;

(b) if notified in writing to the corporation—the full name and an address for correspondence of anyone with an easement over the common property together with details of the easement;

(c) if the units plan subdivides a parcel of land under a declared land sublease—the full name and an address for correspondence of the Crown lessee;

(d) if the owners corporation sublets part of the common property under section 20 (3)—

(i) details of the sublease; and

(ii) the sublessee’s full name and an address for correspondence.

(1) A unit owner must give the owners corporation for the units plan written notice of the details of any of the following events within 14 days after the event happens:

(a) the lodgment for registration, by the unit owner, of the instrument under which the person became the owner;

(b) a change in the owner’s name or address for correspondence;

(c) a change of occupancy of the unit;

(d) a vacancy in occupancy of the unit that is expected to be longer than a continuous period of 30 days.

Note Information about representatives of units owned by 2 or more part-owners, or by a company, must be provided to the owners corporation under the following sections:

•  s 11 (Part-owners of units—authorisation of representatives)

•  s 13 (Company-owned units—authorisation of representatives).

(2) Subsection (1) may be enforced in the same way as a rule of the owners corporation.

(3) The Crown lessee for a declared land sublease must give the owners corporation for the units plan written notice of the details of any of the following events within 14 days after the event happens:

(a) the Crown lessee entering into an agreement to transfer an interest in the Crown lease to someone else (the new owner);

(b) the lodgment for registration of the transfer;

(c) a change in the Crown lessee’s name or address for correspondence.

(4) A person who has or acquires an interest in a unit or the common property, other than a unit owner, may give the owners corporation written notice of the details of the following events:

(a) if the interest is in a lease of the unit or the common property—the person completing an agreement to transfer the interest to someone else;

(b) the lodgment for registration of an instrument under which the person acquires the interest;

(c) if the interest is not a registered interest—the person acquiring the interest;

(d) a change in the full name or address for correspondence of the person;

(e) a change in the nature of the interest held by the person, including the person ceasing to have the interest.

Note Information about mortgagees’ representatives must be provided to the owners corporation under the following sections:

•  sch 3, s 3.23 (Voting by mortgagees)

•  sch 3, s 3.24 (Mortgagee voting notice—amendment and revocation).

(1) On request by an eligible person for a unit or the common property, the owners corporation for the units plan must allow the person, within 14 days after the request is received, to inspect, and take a copy of—

(a) for a request by an eligible person for a unit—the information on the corporate register about the unit; and

(b) for a request by an eligible person for a unit or the common property—the information on the corporate register about any easements, or subleases under section 20 (3), applying to the common property.

(2) On request by an applicant for a court order under this Act, the owners corporation must allow the applicant to inspect, and take a copy of, the names and addresses for correspondence recorded on the corporate register of each unit owner and anyone else with an interest in a unit, or the common property, that is recorded on the register.

Note This is to enable the applicant for the order to comply with the requirements for service under this Act.

(3) A request must be in writing accompanied by a fee fixed by the owners corporation of not more than an amount prescribed by regulation.

(4) The corporate register must be kept in a way that ensures that a person who is entitled to inspect the register does not have access to any information the person is not entitled to inspect.

Examples—how to restrict access

1 if the register is kept in a book, the information could be kept on a separate page for each unit and for the common property

2 if the register is kept in a computer database, the information could be stored so that information for each unit and the common property can be separately displayed, printed out or emailed

Note The corporate register contains personal information as defined under the Privacy Act 1988 (Cwlth). The Australian Privacy Principles under that Act apply to the owners corporation in relation to the collection, use, disclosure and storage of personal information.

(5) In this section:

eligible person, for the common property, includes a sublessee of the common property under section 20 (3).

interest, in the common property, includes a sublease under section 20 (3).

On request by an eligible person for a unit or the common property, the owners corporation must, free of charge, give the person the full names and addresses of its current executive members within 14 days after the request is received.

On request by an eligible person for a unit or the common property, the owners corporation must, free of charge, allow the person to inspect, and take a copy of, the following documents within 14 days after the request is received:

(a) any current insurance policy or policies taken out—

(i) by the owners corporation; or

(ii) if the units plan is part of a building the subject of a building management statement—the building management committee established under the statement;

(b) the receipts for all premiums paid under current policies taken out by the corporation;

(c) the part of the minutes of any annual general meeting of the corporation that records any exemption resolution under section 101 (Exemptions from building insurance requirements).

(1) An eligible person for a unit or the common property in a units plan may request the owners corporation give the person—

(a) a certificate stating information about the unit or the common property suitable for disclosure to a potential buyer (a unit title sale certificate); or

(b) a certificate updating information in the unit title sale certificate (a unit title sale update certificate); or

(c) a certificate stating information about the unit or the common property suitable for disclosure to a potential tenant (a unit title rental certificate).

(2) However, an eligible person may only request a unit title sale update certificate within 4 months after the day a unit title sale certificate is given to the person.

(3) The owners corporation must, within the required period after the day the request is received, give the person the requested certificate.

(4) A unit title rental certificate expires 5 years after the day it is given to the person.

(5) The Minister may determine information that must be included in any of the following (the determined information):

(a) a unit title sale certificate;

(b) a unit title sale update certificate;

(c) a unit title rental certificate.

(6) A request under this section must be in writing and accompanied by a fee fixed by the owners corporation of not more than an amount determined by the Minister.

(7) A determination under subsection (5) or (6) is a disallowable instrument.

(8) In this section:

eligible person, for a unit, includes a person who enters into a contract for sale of the unit.

Note Eligible person—see the dictionary.

required period means—

(a) for a unit title sale certificate or unit title sale update certificate—14 days; and

(b) for a unit title rental certificate—

(i) if the owners corporation has the determined information—14 days; and

(ii) if the owners corporation does not have the determined information—6 weeks.

tenant—see the Residential Tenancies Act 1997, section 6.

(1) This section applies if—

(a) the Minister determines information that must be included in a unit title rental certificate under section 119 (5) (c); and

(b) the owners corporation does not have the determined information.

(2) The owners corporation must—

(a) take reasonable steps to get the information; and

(b) pay any costs incurred in getting the information.

Example—s (2)

arranging and paying the cost of an inspection and report about ceiling insulation in the units plan

Note If an owners corporation fails to comply with a request for a unit title rental certificate, each executive member of the corporation commits an offence (see s 121).

(1) This section applies if—

(a) an owners corporation gives a person a unit title rental certificate under section 119 (3) in relation to a unit; and

(b) within 5 years after the day the certificate is given to the person, the owners corporation becomes aware of a change in any of the information in the certificate; and

(c) the name of the person to whom the certificate was given continues to be recorded in the corporate register in relation to the unit.

(2) The owners corporation must notify the person, in writing, of the changed information.

(1) If a person acts honestly on a matter stated in a unit title certificate, then, in an action by or against the owners corporation, the corporation is estopped, as against that person, from denying the truth of that or any other matter stated in the certificate.

(2) In this section:

unit title certificate means any of the following:

(a) a unit title sale certificate;

(b) a unit title sale update certificate;

(c) a unit title rental certificate.

(1) An eligible person for a unit or the common property in a units plan may ask to inspect the records of an owners corporation.

(2) The owners corporation must, within 14 days after the day the request is received, allow the person—

(a) to inspect—

(i) the information on the corporate register; and

(ii) any other records held by the corporation; and

(b) to take copies of any document inspected.

(3) If a dispute exists, the owners corporation may withhold from inspection any documents subject to legal professional privilege in relation to the dispute.

(4) A request under this section must be in writing and accompanied by a fee fixed by the owners corporation of not more than an amount determined by the Minister.

(5) A determination under subsection (4) is a disallowable instrument.

(6) In this section:

eligible person, for a unit, includes a person who enters into a contract for sale of the unit.

Note Eligible person—see the dictionary.

(1) If an owners corporation for a units plan fails to comply with a request under this part for information, a unit title certificate or access to the corporation’s records, each executive member of the corporation at the time of the failure commits an offence.

Maximum penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

(a) the person making the request, when asked by someone acting for the owners corporation, did not give the corporation reasonable grounds to believe that the person was an eligible person; or

(b) the defendant took reasonable steps to ensure that the request was complied with; or

(c) the failure to comply with the request happened without the defendant’s knowledge.

(3) In this section:

unit title certificate—see section 120 (2).

(1) An owners corporation for a units plan must ensure that a notice showing the name of the corporation, and the address shown on the units plan for the service of documents, is continuously displayed in a conspicuous place on the land, unless—

(a) the address shown on the units plan for the service of documents is the postal address of a building on the land; and

(b) the corporation provides a letterbox on the land under subsection (2).

Maximum penalty: 1 penalty unit.

(2) If the address shown on the units plan for the service of documents is the postal address of a building on a land, the owners corporation must ensure that a letterbox suitable for postal delivery, showing the name of the corporation in clear and legible characters, is continuously available in a conspicuous and accessible place on the land.

Maximum penalty: 1 penalty unit.

(3) If an owners corporation changes its address for service of documents, it must lodge notice of the change with the registrar-general in a form approved by the registrar-general under the Land Titles Act 1925.

Maximum penalty: 5 penalty units.

For this Act and the Unit Titles Act 2001 (including an application for a court order under either Act) a document may be served on an owners corporation by—

(a) if the address for service is the postal address of a building on the land—placing it in the letterbox mentioned in section 122 (2); or

(b) serving it in another way approved by the corporation by ordinary resolution.

Note The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act, pt 19.5.

(1) For this Act and the Unit Titles Act 2001 (including an application for a court order under either Act) a document may be served on a unit owner or anyone else with an interest in a unit or the common property on a units plan by—

(a) sending it by prepaid post as a letter to the relevant address for correspondence recorded on the corporate register; or

(b) if the latest address for correspondence recorded in the corporate register is the postal address of a building or unit on the land—placing it in a letterbox for mail addressed to the building or unit; or

(c) serving it in another way directed by the person to be served.

Note The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act, pt 19.5.

(2) If a unit is owned by 2 or more part-owners, and a document is required or permitted to be served on the owner, service of the document under this section on the part-owners’ representative is sufficient.

(3) If an owner of a unit is a company, and a document is required or permitted to be served on the company, service of the document under this section on the company’s representative is sufficient.

(4) If a mortgagee voting notice is current for a unit, and a document is required or permitted to be served on the mortgagee, service of the document under this section on the mortgagee’s representative is sufficient.

(5) If a unit has an occupier who is not an owner of the unit, and a document is required or permitted to be served on the occupier, the document may be served on the occupier—

(a) by putting it in a letterbox for mail addressed to the unit; or

(b) by giving it personally to the occupier; or

(c) by serving it in another way directed by the occupier.

(6) For this section, an interest in the common property includes a sublease under section 20 (3).