Community Land Management Act 1989 No 202
Current version for 4 July 2014 to date (accessed 19 December 2014 at 21:49)
Part 2Division 1

Division 1 Associations

5   Community association

(1)  The corporation that:
(a)  is constituted under the Community Land Development Act 1989 by the registration of a community plan as a deposited plan, and
(b)  has for its corporate name “Community Association D.P. No           ” (the number inserted being that of the deposited plan),
is a community association for the purposes of this or any other Act.
(2)  The corporation has for its members:
(a)  the proprietor of each community development lot in the community plan that has not become subject to a subsidiary scheme, and
(b)  the precinct association constituted if such a development lot becomes subject to a precinct scheme, and
(c)  the neighbourhood association constituted if such a development lot becomes subject to a neighbourhood scheme, and
(d)  the strata corporation constituted if such a development lot becomes subject to a strata scheme.
(3)  Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a community association.
(4)  A community association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
Note. This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a community association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
(5)  A community association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.

6   Precinct association

(1)  The corporation that:
(a)  is constituted under the Community Land Development Act 1989 by the registration of a precinct plan as a deposited plan, and
(b)  has for its corporate name “Precinct Association D.P. No           ” (the number inserted being that of the deposited plan),
is a precinct association for the purposes of this or any other Act.
(2)  The corporation has for its members:
(a)  the proprietor of each precinct development lot in the precinct plan that has not become subject to a subsidiary scheme, and
(b)  the neighbourhood association constituted if such a development lot becomes subject to a neighbourhood scheme, and
(c)  the strata corporation constituted if such a development lot becomes subject to a strata scheme.
(3)  Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a precinct association.
(4)  A precinct association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
Note. This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a precinct association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
(5)  A precinct association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.

7   Neighbourhood association

(1)  The corporation that:
(a)  is constituted under the Community Land Development Act 1989 by the registration of a neighbourhood plan as a deposited plan, and
(b)  has for its corporate name “Neighbourhood Association D.P. No           ” (the number inserted being that of the deposited plan),
is a neighbourhood association for the purposes of this or any other Act.
(2)  The corporation has for its members the proprietors of the neighbourhood lots in the neighbourhood plan.
(3)  Section 50 (1) (d) of the Interpretation Act 1987 does not apply to a neighbourhood association.
(4)  A neighbourhood association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.
Note. This subsection ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to a neighbourhood association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to those Acts, then the provisions of those Acts will not apply in relation to that matter in the State concerned.
(5)  A neighbourhood association has the functions conferred or imposed on it by Schedule 1, by other provisions of this Act and by any other Act.

8   Seal of association

(1)  If an association has only 1 member, the seal of the association must be kept:
(a)  by the member, or
(b)  by the managing agent (if any).
(2)  If an association has 2 or more members, the seal of the association must be kept:
(a)  by a member who is nominated by the association for the purpose, or
(b)  by the managing agent (if any).
(3)  If an association has only 1 member, the seal of the association may not be affixed except in the presence of:
(a)  the member, or
(b)  the managing agent (if any).
(4)  If an association has 2 or more members, the seal of the association may not be affixed except in the presence of:
(a)  its members, if it has only 2, or
(b)  the prescribed persons, or
(c)  the managing agent (if any).
(5)  A managing agent is entitled to custody of the seal of an association only to permit the exercise of functions delegated to the managing agent.
(6)  The affixing to an instrument by a managing agent of the seal of an association must be presumed to have been affixed under a delegation from the association unless the presumption operates to enable a person to fraudulently obtain a benefit.
(7)  For the purposes of subsection (6), a person does not fraudulently obtain a benefit if the benefit was, without any fraud by the person, obtained before the seal was affixed.
(8)  The seal of the association must be in the approved form and is not duly affixed unless the fact and date of its being affixed are attested by the signature of the person or persons in whose presence it is affixed in accordance with this section.
(9)  The provisions of section 50 (2) and (3) of the Interpretation Act 1987 relating to the seal of a statutory corporation do not apply to an association.
(10)  In this section:

prescribed persons means:

(a)  2 persons nominated by the association, each of whom is a member of the association, or
(b)  in the absence of nominations—the secretary and a member of the executive committee.

9   Meeting to be held by original proprietor

(1)  The person who is, or was, the original proprietor of land subdivided by a community plan, precinct plan or neighbourhood plan must, within 2 months after expiration of the initial period for the association constituted by registration of the plan, convene and hold a general meeting of the association as prescribed.
(2)  A person who fails to comply with subsection (1) is guilty of an offence.

Maximum penalty: 10 penalty units.

(3)  The person who is, or was, the original proprietor is guilty of an offence unless, at the meeting, there is delivered to the association:
(a)  all plans, specifications, certificates, diagrams, policies of insurance and other documents relating to the community parcel, precinct parcel or neighbourhood parcel that have been obtained or received by the original proprietor, and
(b)  any agreements entered into by the original proprietor with respect to the construction, preparation or maintenance of association property, and
(c)  a copy of any development contract relating to the scheme under which it is constituted as an association, and
(d)  a copy of the diagram illustrating the situation of all service lines referred to in section 36 of the Community Land Development Act 1989 that have been installed within the scheme under which the association is constituted, and
(e)  the certificate of title for the association property, and
(f)  the accounting records kept, and the latest financial statements prepared, as required by this Act.

Maximum penalty: 10 penalty units.

(4)  Subsection (3) does not apply to:
(a)  the certificate of title for a development lot, neighbourhood lot or strata lot, or
(b)  the certificate of title for association property if the certificate of title is not in the possession, or under the control, of the original proprietor, or
(c)  documents that exclusively evidence rights or obligations of the original proprietor and are not capable of being used for the benefit of the association, a subsidiary body or the proprietor (other than the original proprietor) of a development lot, neighbourhood lot or strata lot.

10   First annual general meeting of association

(1)  The first annual general meeting of an association is the meeting required to be convened and held by the original proprietor under section 9 or, if the original proprietor does not convene the meeting or, having convened the meeting, does not hold it:
(a)  the first annual general meeting held in accordance with an order of an Adjudicator under section 11, or
(b)  if no application for such an order is made—the first meeting of the association, however convened and whenever held, that has the agenda specified in clause 3 of Schedule 5 in the case of a community association, clause 17 of Schedule 5 in the case of a precinct association or clause 31 of Schedule 5 in the case of a neighbourhood association.
(2)  Schedule 5 has effect in relation to the first annual general meeting of an association.

11   Remedial meetings

(1)  If the original proprietor does not convene the first annual general meeting of an association or, having convened the meeting, does not hold it, an Adjudicator may, on application by:
(a)  the association, or
(b)  a member of the association, or
(c)  a mortgagee or covenant chargee of a development lot, neighbourhood lot or strata lot within the relevant scheme,
by order appoint a person nominated by the applicant to convene and hold the first annual general meeting of the association within a specified time.
(2)  If there is not an executive committee of an association at any time after the first annual general meeting, an Adjudicator may by order appoint a person to convene and hold a meeting of the association within a specified time to elect the executive committee.
(3)  If, at any time after the first annual general meeting, there is no chairperson, secretary and treasurer of the executive committee of an association, an Adjudicator may by order appoint a person to convene and hold a meeting of the committee within a specified time to elect the officers.
(4)  A meeting may be ordered under subsection (2) or (3) on the application of:
(a)  a subsidiary body within the community scheme or precinct scheme, or
(b)  the proprietor, or a mortgagee or covenant chargee, of a development lot, neighbourhood lot or strata lot within the community scheme.
(5)  The election of an executive committee under subsection (2) has effect as if it had taken place at the first annual general meeting.
(6)  An order by an Adjudicator may provide:
(a)  for the appointed person to have the functions of chairperson at the meeting, and
(b)  for notice of the meeting to be given as specified, and
(c)  for ancillary matters,
and the order has effect even if it departs from Schedule 5 or 6.
(7)  The convening and holding of a meeting under this section or otherwise is not a defence to a prosecution of an original proprietor for an offence under section 9.

12   General meetings other than first annual general meeting

An association:
(a)  must, after the first annual general meeting, hold annual general meetings as provided by Schedule 6, and
(b)  may, before or after the first annual general meeting, hold special general meetings as provided by Schedule 6.

13   Binding effect of management statement

(1)  A community management statement is binding on:
(a)  the community association, and
(b)  each subsidiary body within the community scheme, and
(c)  each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession, of a development lot, neighbourhood lot or strata lot within the community scheme.
(2)  A precinct management statement is binding on:
(a)  the precinct association, and
(b)  each subsidiary body within the precinct scheme, and
(c)  each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession, of a precinct development lot, neighbourhood lot or strata lot within the precinct scheme.
(3)  A neighbourhood management statement is binding on:
(a)  the neighbourhood association, and
(b)  each person who is the proprietor, lessee or occupier, or the mortgagee or covenant chargee in possession of, a neighbourhood lot within the neighbourhood scheme.
(4)  Subsections (1)–(3) have effect as if, in each case:
(a)  the management statement included mutual covenants to observe its provisions entered into by the persons bound by it, and
(b)  the persons so bound had executed the management statement under seal.

13A   How can an association enforce the by-laws?

An association may serve a notice, in a form approved by the Director-General, on the proprietor or occupier of a lot requiring the proprietor or occupier to comply with a specified provision of the by-laws if the association is satisfied that the proprietor or occupier has contravened that provision.
Note. A person may be fined by the Tribunal for failing to comply with a notice under this section (see section 97C).

14   Amendment of management statement

(1)  Except as provided by subsection (2), an association may amend its management statement in relation to the control, management, administration, use and enjoyment of the lots, or of the association property.
(2)  A management statement may not be amended:
(a)  in a manner inconsistent with any restriction imposed by this Act on the making of the amendment, or
(b)  in a manner that would make the management statement inconsistent with this Act or the Community Land Development Act 1989.
(3)  An amendment requires:
(a)  a unanimous resolution if the amendment would affect by-laws made under section 17 to control or preserve the essence or theme of the scheme to which they relate, or
(b)  a unanimous resolution if the amendment would affect a by-law the terms of which have effect because they are the terms of an order by the Tribunal, or
(c)  in any other case—a special resolution.
(4)  An amendment has no effect until it is registered.
(5)  Lodgment of an amendment cannot be accepted later than 2 months after the passing of the resolution making the amendment.

15   Binding effect of development contract

(1)  If a development contract is registered with a community plan, it has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 1 of Schedule 2.
(2)  If a development contract is registered with a precinct plan, it has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 2 of Schedule 2.
(3)  The development contract registered with a neighbourhood plan has effect as if it included an agreement under seal with covenants to the effect of those set out in Part 3 of Schedule 2.
(4)  Any attempt to exclude, modify or restrict the operation of the covenants is void.
(5)  The covenants do not affect any right or remedy a person has otherwise than under the covenants.
(6)  A covenant does not merge in a transfer.
(7)  Part 4 (which relates to disputes) does not apply to matters arising under the covenants.

16   Amendment of development contract with approval of association

(1)  A development contract may be amended by the developer but any such amendment is ineffective unless:
(a)  this section has been complied with in relation to the amendment, and
(b)  the amendment is registered.
(2)  A proposed amendment that involves a change in the basic architectural or landscaping design of the development, or in its essence or theme, may not be made unless it is approved:
(a)  by the consent authority, and
(b)  unless the developer is the only member of the association—by unanimous resolution of each association and strata corporation that is a party to the development contract.
(3)  An amendment proposed in order to give effect to:
(a)  a change in the law, or
(b)  a change in the requirements of the consent authority,
may not be made unless it is approved by the consent authority and notified to each association that is a party to the development contract.
(4)  Any other proposed amendment that would require a change in the terms of the development consent may not be made unless it is approved:
(a)  by the consent authority, and
(b)  by a special resolution of each association and strata corporation that is a party to the contract.
(5)  Any other proposed amendment that would not require a change in the terms of the development consent may be made only if:
(a)  it is approved by the consent authority and by an ordinary resolution of each association and strata corporation that is a party to the development contract, and
(b)  the application for registration is accompanied by a certificate of the consent authority to the effect that a change in the terms of the development consent is not required.
(6)  For the purposes of this section, an approval given under section 107 by the Land and Environment Court to an amendment of a development contract has the same effect as an approval of the amendment duly given under this section by an association or strata corporation.
(7)  A consent authority that approves an amendment of a development contract must provide the applicant for the approval with a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate to the effect:
(a)  that the copy describes and illustrates the approved amendment, and
(b)  that the development contract, if amended as approved by the authority, would not be inconsistent with the related development consent.

17   By-laws fixing details of development

(1)  The by-laws for a scheme may relate to the control or preservation of the essence or theme of the development under the scheme by:
(a)  limiting occupancy under the scheme to persons of a particular description, or
(b)  fixing the architectural, building or landscaping styles to be permitted, or
(c)  limiting the kind of materials that may be used in buildings and other structures, or
(d)  requiring that specified association property be used only for particular purposes, or
(e)  imposing any other kind of restriction.
(2)  If a by-law made in accordance with subsection (1) is identified in the by-laws as relating to the control and preservation of the essence or theme of the scheme to which it relates, it may be amended or revoked only by a unanimous resolution of the association, or the strata corporation, constituted under the scheme.

18   Lessee to comply with management statement

(1)  In a lease of a community development lot or a lease of community property there is implied an agreement by the lessee to comply with the community management statement.
(2)  In a lease of a precinct development lot or a lease of precinct property there is implied an agreement by the lessee to comply:
(a)  with the precinct management statement, and
(b)  with the community management statement for the community scheme of which the precinct scheme forms part.
(3)  In a lease of a neighbourhood lot or neighbourhood property there is implied an agreement by the lessee to comply:
(a)  with the neighbourhood management statement, and
(b)  if the neighbourhood scheme is part of a precinct scheme—with the precinct management statement, and
(c)  if the neighbourhood scheme is part of a community scheme (whether or not as part of a precinct scheme)—with the community management statement.

19   Lessor to provide copy of management statement

If:
(a)  a lessee of association property is not a member of the association, or
(b)  a lessee of a development lot is not a member of the community association or precinct association for which the lot is a development lot, or
(c)  a lessee of a neighbourhood lot is not a member of the neighbourhood association,
the lessor is guilty of an offence unless a copy of the management statement the subject of the implied agreement by the lessee under section 18 was annexed to the copy of the lease submitted for execution by the lessor.

Maximum penalty: 1 penalty unit.

20   Levy on member of association

(1)  An association may levy a contribution payable to it by a member under Part 4 of Schedule 1 by serving on the member a written notice of the contribution payable.
(2)  A precinct association may not levy a contribution payable by a subsidiary body without including in the notice under subsection (1) a statement of:
(a)  the amounts of any regular periodic contributions required to be made by the precinct association to the administrative fund, and the sinking fund, of the community association of which the precinct association is a member, and
(b)  the dates on which those contributions are required to be paid, and
(c)  the amount of any such contribution that is unpaid when the notice is served.
(3)  The contribution to be paid to a community association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the community scheme:
(a)  if the member is the proprietor of a community development lot—by the unit entitlement for the development lot, or
(b)  if the member is a precinct association—by the unit entitlement for the former community development lot the subject of the precinct scheme, or
(c)  if the member is a neighbourhood association or a strata corporation—by the unit entitlement for the former community development lot the subject of the neighbourhood scheme or strata scheme.
(4)  The contribution to be paid to a precinct association by each of its members is the amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the precinct scheme:
(a)  if the member is the proprietor of a precinct development lot that is not the subject of a subsidiary scheme—by the unit entitlement for the development lot, or
(b)  if the member is a neighbourhood association or a strata corporation—by the unit entitlement for the former precinct development lot the subject of the neighbourhood scheme or strata scheme.
(5)  The contribution to be paid to a neighbourhood association by the proprietor of each neighbourhood lot is an amount that bears to the total amount to be raised by the contributions the same proportion as is borne to the total unit entitlement for the neighbourhood scheme by the unit entitlement for the neighbourhood lot.
(6)  If, at the time a person becomes the proprietor of a development lot or a neighbourhood lot, another person is liable in respect of the lot to pay a contribution, the proprietor is jointly and severally liable with the other person for the payment of the contribution and of any interest on the contribution.
(7)  If, at the time a development lot becomes subject to a precinct scheme, a neighbourhood scheme or a strata scheme, the proprietor of the development lot was liable in respect of the lot to pay a contribution or interest or both, the precinct association, neighbourhood association or strata corporation is jointly and severally liable with the proprietor for the payment.
(8)  Subsections (6) and (7) do not apply in relation to a contribution or interest that is not payable because it should have been, but was not, disclosed in a certificate given under clause 2 of Schedule 4.
(9)  A mortgagee or covenant chargee in possession of a development lot or a neighbourhood lot is jointly and severally liable with the proprietor of the lot:
(a)  for any contributions to the administrative fund or sinking fund by regular periodic instalments, and
(b)  for any other contribution if the mortgagee or covenant chargee has been given written notice of the levy of the contribution, and
(c)  for interest on any of those contributions.
(10)  A contribution is due and payable as directed by the association when deciding to make the levy.
(11), (12)  (Repealed)
(13)  The amount of a contribution, together with any interest:
(a)  is recoverable by the association as a debt, and
(b)  forms part of the fund to which the contribution is payable.

20A   Interest and discounts on contributions

(1)  A contribution, if not paid at the end of one month after it becomes due and payable, bears until paid simple interest at an annual rate of 10 per cent or, if the regulations provide for another rate, that other rate.
(2)  However, an association may by special resolution determine (either generally or in a particular case) that a contribution is to bear no interest.
(3)  An association may, by special resolution, determine (either generally or in a particular case) that a person may pay 10 per cent less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable.

21   Change of address for service of notices on association

(1)  An association may change its address for service of notices:
(a)  by deciding in general meeting to make the change, and
(b)  by lodging with the Registrar-General a notice in a form approved by the Registrar-General, and
(c)  if it is a precinct association—by giving written notice of the change to the community association of which it is a member, and
(d)  if it is a neighbourhood association within a community scheme—by giving written notice of the change to the community association and, if it is a member of a precinct association, to the precinct association.
(2)  A change of address does not take effect until it is recorded in the folio for the association property.

22   Provision of amenities or services

(1)  A community association may agree with the proprietor or occupier of a development lot, a neighbourhood lot or a strata lot within the community scheme, to provide amenities or services to the lot or to the proprietor or occupier.
(2)  A precinct association may agree with the proprietor of a precinct development lot, a neighbourhood lot or a strata lot within the precinct scheme to provide amenities or services to the lot or to the proprietor or occupier.
(3)  A neighbourhood association may agree with the proprietor or occupier of a neighbourhood lot to provide amenities or services to the lot or to the proprietor or occupier.

23   Restriction on powers during initial period

(1)  During the initial period for its related scheme, an association may not, unless an order made under subsection (4) otherwise provides:
(a)  incur a debt of an amount in excess of the amount then available for repayment of the debt from the administrative fund or sinking fund, or
(b)  borrow money or give security for the repayment of money, or
(c)  make, amend or repeal a by-law creating restricted property.
(2)  During the initial period for a neighbourhood scheme, the neighbourhood association may not, unless an order made under subsection (4) otherwise provides:
(a)  grant a lease of neighbourhood property, or
(b)  create an easement burdening land within the neighbourhood scheme or a restriction on the use of any such land, or
(c)  release an easement, or a restriction on the use of land, that benefits neighbourhood property, or
(d)  dedicate association property, or
(e)  transfer neighbourhood property except by way of sale to a resuming authority under section 34 of the Community Land Development Act 1989, or
(f)  erect a structure on neighbourhood property, or
(g)  subdivide or create neighbourhood property.
(3)  During the initial period for a scheme, a developer may not, unless an order made under subsection (4) otherwise provides:
(a)  convert to association property a neighbourhood lot within the scheme, or
(b)  subdivide a neighbourhood lot within the scheme.
(4)  A restriction imposed by subsection (1), (2) or (3) may be waived, varied or extinguished by order of the Tribunal on application by the association or developer to which the restriction applies.
(5)  An association may recover from the original proprietor under the relevant scheme:
(a)  as a debt—any liability incurred by the association because of a breach of subsection (1), (2) or (3), or
(b)  as damages—any loss suffered by the association as a result of such a breach.
(6)  A member of an association other than the original proprietor under the relevant scheme may recover from the original proprietor as damages any loss suffered by the member because of a breach of subsection (1), (2) or (3).
(7)  It is a defence to an action under this section for debt or damages if it is proved that the original proprietor:
(a)  did not know of the breach on which the action is based, or
(b)  was not in a position to influence the conduct of the association in relation to the breach, or
(c)  being in such a position, used due diligence to try to prevent the breach.
(8)  A remedy available under this section does not affect any other remedy.

24   Termination of certain agreements

(1)  This section applies to an agreement with a person (other than a public authority) for the continuing provision to an association, or to the members of an association, of services or recreational facilities.
(2)  If, during the initial period for a scheme, an association enters into an agreement to which this section applies, the agreement terminates at the end of the first annual general meeting of the association unless:
(a)  its effect was disclosed in the association’s management statement before the transfer of any lots in the scheme, or
(b)  it is ratified at the meeting.
(3)  An association is guilty of an offence if:
(a)  during the initial period, it enters into an agreement to which this section applies, and
(b)  the agreement would terminate at the end of the first annual general meeting of the association unless ratified at the meeting, and
(c)  the association did not, before entering into the agreement, inform the other party, or each of the other parties, to the agreement that it would so terminate.

Maximum penalty: 5 penalty units.

(4)  In this section:

services does not include the services of a managing agent.

25   Association roll

(1)  An association is guilty of an offence if it does not prepare and maintain a roll in accordance with the requirements of Schedule 3 applicable to the association.

Maximum penalty: 5 penalty units.

(2)  The roll may be maintained in any medium.
(3)  An association may make or amend entries in the roll on the basis of:
(a)  information in the Register, or
(b)  information provided under Division 4 to the extent that it is not inconsistent with information in the Register.
(4)  Information provided under Division 4 may be presumed to be consistent with information in the Register unless the contrary is evident.

26   Inspection of records and provision of certificates

(1)  An association is guilty of an offence if it does not:
(a)  make records available for inspection in accordance with clause 1 of Schedule 4, or
(b)  supply a certificate in accordance with clause 2 of Schedule 4,
on written application for the inspection or certificate being made under subsection (2) or (3) and the prescribed fee being paid.

Maximum penalty: 5 penalty units.

(2)  An application to a community association or precinct association may be made:
(a)  in relation to a development lot—by, or with the written authority of, a proprietor or mortgagee of the lot, or
(b)  in relation to a subsidiary scheme—by, or with the written authority of, a proprietor or mortgagee of a neighbourhood lot or strata lot within the scheme, or
(c)  in relation to a subsidiary scheme—by, or with the written authority of, the association or strata corporation constituted under the subsidiary scheme.
(3)  An application to a neighbourhood association may be made in relation to a neighbourhood lot by, or with the written authority of, a proprietor or mortgagee of the lot.
(4)  An association is guilty of an offence if it does not, without charge:
(a)  make records available for inspection by the Director-General in accordance with clause 1 of Schedule 4, or
(b)  supply the Director-General with a certificate in accordance with clause 2 of Schedule 4,
on being informed by the Director-General that the inspection or certificate is required in order to assist the Director-General in the exercise of his or her functions.

Maximum penalty: 5 penalty units.

(5)  A certificate given in accordance with clause 2 of Schedule 4 is, in favour of a person taking for valuable consideration an estate or interest in a lot to which the certificate relates, conclusive evidence of the matters certified.
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