sec.67Documents and materials to be given to body corporate by original owner

sec.67 Documents and materials to be given to body corporate by original owner

This section applies if the original owner stops being the owner of one or both of the lots included in a specified two-lot scheme (the relevant event ). Within 2 months after the relevant event, the original owner must give the following to the body corporate— 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; if a development approval was required for development on the scheme land—a copy of the development approval; 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 6 , part 9 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including, for example, registers, written agreements of the body corporate, any documents relating to the engagement or termination of a body corporate manager or service contractor, 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; a copy of any document under which the original owner derives the representative capacity for an owner of a lot; a detailed and comprehensive list of the body corporate assets. Maximum penalty—150 penalty units. If documents of the types mentioned in subsection (2) come into the original owner’s possession after the relevant event, the original owner must give them to the body corporate at the earliest practicable opportunity. Maximum penalty—20 penalty units. The documents mentioned in subsection (2) must be given to the body corporate in hard copy and electronic form. Also, the electronic form of the document mentioned in subsection (2) (c) 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 67 amd 2020 SL No. 232 s 12 ; 2024 SL No. 40 s 55 ; 2024 No. 22 s 92 sch 1 (sec.67-ssec.1) This section applies if the original owner stops being the owner of one or both of the lots included in a specified two-lot scheme (the relevant event ). (sec.67-ssec.2) Within 2 months after the relevant event, the original owner must give the following to the body corporate— 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; if a development approval was required for development on the scheme land—a copy of the development approval; 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 6 , part 9 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including, for example, registers, written agreements of the body corporate, any documents relating to the engagement or termination of a body corporate manager or service contractor, 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; a copy of any document under which the original owner derives the representative capacity for an owner of a lot; a detailed and comprehensive list of the body corporate assets. Maximum penalty—150 penalty units. (sec.67-ssec.3) If documents of the types mentioned in subsection (2) come into the original owner’s possession after the relevant event, the original owner must give them to the body corporate at the earliest practicable opportunity. Maximum penalty—20 penalty units. (sec.67-ssec.4) The documents mentioned in subsection (2) must be given to the body corporate in hard copy and electronic form. (sec.67-ssec.5) Also, the electronic form of the document mentioned in subsection (2) (c) must be readily capable of being edited. (sec.67-ssec.6) 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.