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Section 109 Certificate

A Section 109 Certificate is a certificate issued by the Owners Corporation of a Strata Scheme, containing detailed financial information about a specific ‘lot’, and information about the management of the scheme.

A strata title owner, or mortgagee, can apply in writing for a Section 109 Certificate, which involves paying a fee to the Owners Corporation. They certificate must be issued within 14 days of the request.

The information typically includes:

• the names and contact details of Executive Committee members (including the Strata Management agent if relevant)
• insurance details
• the levy contributions to be made by owners (ie. administration fund and sinking fund levies)
• any outstanding levies or fines
• details about relevant by-laws that have been made recently
• any other relevant information

The NSW Strata Schemes Management Act contains the information relating to Section 109 Certificates.

Watson and Watson strata lawyers can assist you to understand the information contained in a Section 109 Certificate.

Please note that our provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. Telephone discussions should not be construed as legal advice and are not to be relied upon. Legal advice which you can rely on can only be properly provided by us to you at or following an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. If you wish to arrange a conference, please contact us.

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Watson & Watson are always available to provide expert legal advice and answer any questions you may have.