sec.44Documents and materials to be given to body corporate at first annual general meeting [ SM, s 96 ]

sec.44 Documents and materials to be given to body corporate at first annual general meeting [ SM, s 96 ]

At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units. If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units. The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form. Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited. In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot. s 44 amd 2024 SL No. 40 s 41 ; 2024 Act No. 22 s 92 sch 1 (sec.44-ssec.1) At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units. (sec.44-ssec.2) If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units. (sec.44-ssec.3) The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form. (sec.44-ssec.4) Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited. (sec.44-ssec.5) In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.

• (a) a register of assets containing an inventory of all body corporate assets;
• (b) if a development approval was required for development on the scheme land—a copy of the development approval;
• (c) all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure;
• (d) the community management statement currently recorded for the community titles scheme;
• (e) all policies of insurance taken out by the original owner for the body corporate;
• (f) copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;
• (g) if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;
• (h) an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ;
• (i) documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation;
• (j) documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and (ii) certificates of classification for buildings and fire safety certificates;
• (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and
• (ii) certificates of classification for buildings and fire safety certificates;
• (k) copies of any contracts or agreements for the supply of utility services to the body corporate;
• (l) copies of any documents relating to warranties for— (i) buildings or improvements forming part of scheme land; and (ii) any item of plant and equipment forming part of the common property; and (iii) any other body corporate asset;
• (i) buildings or improvements forming part of scheme land; and
• (ii) any item of plant and equipment forming part of the common property; and
• (iii) any other body corporate asset;
• (m) administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year;
• (n) a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets;
• (o) a copy of any proxy form under which the original owner is the proxy for an owner of a lot;