Section 205 – Information to be Given to Interested Persons

1. This section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records.
2. Within 7 days after receiving a written request from an interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person—
   1. permit the person to inspect the body corporate’s records;
   2. give the person a copy of a record kept by the body corporate.
      Maximum penalty—20 penalty units.
3. However, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.
4. The body corporate must, within 7 days after receiving a written request from an interested person accompanied by the fee prescribed under the regulation module applying to the scheme, issue a certificate (BCIC – a body corporate information certificate) in the approved form applying to the scheme giving financial and other information about the lot.
   1. Maximum penalty—20 penalty units.
5. A person who obtains a certificate under subsection (4) may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate, other than to the extent to which the certificate contains an error that is reasonably apparent.
6. In this section—
   interested person means—
   1. the owner, or a mortgagee, of a lot included in the scheme; or
   2. the buyer of a lot included in the scheme; or
   3. another person who satisfies the body corporate of a proper interest in the information sought; or
   4. the agent of a person mentioned in paragraph (a), (b) or (c).

A reference to a disclosure statement for the lot includes a reference to the prescribed  documents accompanying the statement for the lot. Prescribed documents, accompanying a disclosure statement, means the documents mentioned in section 213(2)(a)(ii) and (f).

213 (2) The disclosure statement—
(a) must—

(i) identify the proposed lot; and
(ii) be accompanied by a disclosure plan, complying with section 213AA, for the proposed lot; and

(f) must be accompanied by—

(i) the proposed community management statement; and
(ii) if the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary.