Owners Corporation Certificate for 2-Lot Subdivision

Property Law: 22 March 2019

Section 32(3A) of the Sale of Land Act provides that if the land if affected by  an owners corporation, the vendor must attach to the vendor's statement a copy of the owner's corporation certificate and a copy of the documents required to accompany the owners corporation certificate under 151(4)(b) of the Owners Corporations Act.Further, section 32(5) provides that where such required information is not provided, the purchaser may rescind any contract for the sale of the land.

Section 151, as part of Division 3 Part 9 is not subject to a compliance exemption for 2-lot subdivisions. Therefore, an OC certificate must be supplied and the required documents pursuant to section 151(4)(b) must be provided.  Those documents are as follows:

• A copy of the rules of the owners corporation as recorded on the Register;
• A statement in the prescribed form providing advice and information to prospective purchasers and lots owners;
• A copy of all resolutions made at the last annual general meeting of the owners corporation;
• Any other documents of a prescribed kind;

A statement advising that further information on prescribed matters can be obtained by inspection of the owners corporation register (this seems to be so, even if there is no register - 2-lot subdivisions are exempt from the requirement to maintain a register!).