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43.

(1)

Supply of information and certificates by strata company 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);

43. (1a)

Supply of information and certificates by strata company 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). 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. 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. 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. 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.]

(3)

(4)

(5)

(6)