How do I get a Section 109 Certificate?

If you are an owner, or you have an owner’s, mortgagee’s or covenant chargee’s written permission, you may write to the owners’ corporation and ask for a Certificate under Section 109 NSW. The Treasurer of the owners’ corporation must give the certificate under owners corporation seal. The certificate must be on the set form used in the Strata Scheme Management Regulation 2010 – Schedule 8. There is a fee payable. A Section 109 Certificate will give information about the strata scheme including:

  1. the names and addresses of the executive committee members, the managing agent and caretaker (if applicable)
  2. the levies to be paid by the owners
  3. any outstanding levies
  4. the address where the records and financial statements can be viewed, and any special by-laws made by the owners corporation in the past two years.

If a levy is outstanding before the certificate is given and it is not shown on the certificate, the purchaser is not responsible for the payment. Ref: Fair Trading

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