South Australian Consolidated Acts

COMMUNITY TITLES ACT 1996 - SECT 139

139—Information to be provided by corporation

        (1)         A community corporation must, on application by or on behalf of the owner or prospective owner or the registered mortgagee or prospective mortgagee of a community lot or a development lot—

            (a)         provide a statement setting out—

                  (i)         particulars of any contribution payable in relation to the lot (including details of any arrears of contributions in relation to the lot); and

                  (ii)         particulars of the assets and liabilities of the corporation; and

                  (iii)         particulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute; and

                  (iv)         particulars in relation to any other matter prescribed by regulation; and

            (b)         provide copies of—

                  (i)         the minutes of general meetings of the corporation and meetings of its management committee (if any) for such period, not exceeding two years, specified in the application; and

                  (ii)         the statement of accounts of the corporation last prepared by the corporation; and

                  (iii)         current policies of insurance taken out by the corporation; and

            (c)         make available for inspection such information as is required to establish the current financial position of the corporation including—

                  (i)         a copy of the accounting records of the corporation; and

                  (ii)         the minute books of the corporation; and

                  (iii)         any other documentary material prescribed by regulation.

Maximum penalty: $500.

        (2)         An application under this section must be accompanied by the fee prescribed by regulation.

        (3)         A community corporation must not charge more than the fee prescribed by regulation in respect of a service provided in pursuance of an application under this section.

Maximum penalty: $500.

        (4)         The application is duly made if given or sent to—

            (a)         the secretary of the community corporation;

            (b)         if the community corporation has a management committee—any member of the management committee.

        (5)         A person to whom a statement of a community corporation is provided under subsection (1)(a) may, as against the corporation, rely on the statement as conclusive evidence (as at the date of the statement) of the matters contained in the statement.