This precedent is a letter to either of the following:
· the owners’ corporation or requesting a section 109 certificate; or
· the community association requesting a section 26 certificate.
For a sale under a strata scheme, this precedent is used to request the owners’ corporation of the relevant strata scheme for a certificate under section 109 of the Strata Schemes Management Act 1996 (NSW). The certificate is required to be provided to the purchaser at least 7 days prior to completion under the provisions of the standard contract. Usually this letter is sent to the owners’ corporation after exchange but it may in the circumstances be useful to obtain before exchange, for example where it is unclear whether certain by laws affecting the property have been passed but not yet registered with the LPI.
For a sale of community property, this precedent is used to request the community association for a certificate under section 26 of the Community Land Management Act 1989 (NSW).
This precedent has been authored for Lexis Nexis by Daniela Terruso, Director, Intelmar Pty Limited.