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A Section 109 Certificate gives information about the strata scheme including:

  • the names and addresses of the executive committee members, the managing agent and caretaker (if there is one)
  • the levies to be paid by the owners
  • any outstanding levies
  • the address where the records and financial statements can be viewed
  • any special by-laws made by the owners corporation in the past 2 years.

If a levy is outstanding before the Certificate is given and it is not shown on the Certificate, the purchaser is not responsible for the payment [s. 109 (8)]. However, if any money becomes outstanding after the Certificate is given, the new owner and the old owner are both liable for payment [s. 109 (8)].

If the information is not supplied within 14 days after you ask for it, the owners corporation could be fined up to $220 [s.109 (7)].

 

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