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BODY CORPORATE AND COMMUNITY MANAGEMENT (BODY CORPORATE CERTIFICATES) AND OTHER LEGISLATION AMENDMENT REGULATION 2024 - REG 5

Insertion of new s 222AA

5 Insertion of new s 222AA

After section 222A
insert—

222AA Matters that must be included in approved form for body corporate certificate—Act, s 205AAA [SM, s 233A]
(1) For section 205AAA(a) of the Act, the following matters are prescribed—
(a) details of the lot and plan of subdivision, including—
(i) whether the lot is included in—
(A) a standard format plan of subdivision; or
(B) a building format plan of subdivision; or
(C) a volumetric plan of subdivision; and
(ii) the lot number and plan number;
(b) details of the scheme, including—
(i) the name of the scheme; and
(ii) the regulation module applying to the scheme; and
(iii) the name and contact details of each person who is responsible for keeping body corporate records; and
(iv) the name and contact details of any body corporate manager for the scheme; and
(v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E(2);
(c) annual contributions fixed by the body corporate as payable by the owner of the lot;
(d) special contributions fixed by the body corporate as payable by the owner of the lot;
(e) discounts that apply to the payment of contributions;
(f) penalties that apply to the payment of contributions;
(g) other amounts associated with ownership of the lot that are payable to the body corporate;
(h) the interest schedule lot entitlement for the lot;
(i) the contribution schedule lot entitlement for the lot;
(j) any of the following amounts owed to the body corporate by the owner of the lot—
(i) a contribution or an instalment of a contribution;
(ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment;
(iii) another amount associated with ownership of the lot;
(k) the body corporate’s sinking fund balance;
(l) the insurance held by the body corporate;
(m) any engagement by the body corporate of a person as a caretaking service contractor for the scheme;
(n) any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;
(o) whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;
(p) improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;
(q) each body corporate asset that is required to be recorded on a register the body corporate keeps;
(r) any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;
(s) whether the scheme is part of a layered arrangement of community titles schemes;
(t) the most recent statement of accounts prepared under section 165;
(u) if the scheme was established for an existing 1980 plan—
(i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and
(ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.
(2) The approved form may include provision for the following documents to be given with the form—
(a) a document stating the details of each insurance policy held by the body corporate;
(b) a copy of the statement of accounts mentioned in subsection (1)(t);
(c) a document setting out the by-laws mentioned in subsection (1)(u)(i) in consolidated form;
(d) a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(u)(ii).
(3) In this section—

"standard statement" see section 339 of the Act.



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