2 – 5 days
House: Min A$450
Body Corporate: Min A$600
3 – 5 days
A$300
Additional documents may be requested
You have / are about to engage us to complete a form 2 seller disclosure statement for a lot in a body corporate.
We charge a base price of $450 for a House and a base price of $600 for a Lot inside a Body Corporate for this service. This will include several document searches that we need you to authorise us to undertake.
There is other information you will need to provide.
If you cannot provide the information required, or do not know the answer to the questions asked, then additional searches may be required. We cannot provide you with advice (legal or otherwise) about which searches you should undertake. If you are unsure you will need to check with your solicitor.
Please read the following pages closely and answer any questions raised. The questions asked relate to your lot and are specific to matters that will transfer to the buyer.
Where authority to search is required, please tick the box to authorise. The questionnaire will note whether the particular search is included in the search fee or additional.
Part 6 of the Form 2 seller disclosure statement relates to the body corporate. A body
corporate certificate must be attached along with a copy of the current CMS for the relevant scheme.
The body corporate certificate must come from the body corporate, or those agents engaged
by the body corporate. At this point this is the strata manager.
You may engage us to order your body corporate certificate directly from the relevant body
corporate or their agent.
We will be obtaining form 33 body corporate certificates for lots in a BCCM Act 1997 scheme
or form 18 body corporate certificates for lots in a BUGT Act 1997 scheme.
Order a Form 18 / Form 33 Body Corporate Certificate – $203.00 incl GST; or
Additional CMS not included in body corporate certificate – $47.00 GST free.
The certificate will be complete when supplied ready for inclusion in your seller disclosure
statement.
Every certificate we supply will include a CTS search which will confirm the dealing number
of the current CMS.
When will I need to order a CMS?
A current CMS must be included with the body corporate certificate.
A copy of the CMS may be included with the body corporate certificate provided.
However, they are only required to include by-laws so some will not give full documents.
Further, the document supplied, if any, may not be the most current document.
If the CMS is included with the certificate, or you have a copy of the CMS yourself, you will
not need another, provided that CMS is the most current document. The CTS search
included should allow you to confirm this.
If we have a copy of the current document we will include it with the certificate.
If we don’t however, then a copy will need to be purchased. If you have Corelogic or similar
you can do this yourself. If not, you can purchase from us for an additional $47.00 (GST
free).
A CMS can be ordered after the certificate is supplied.
Turnaround Times
We will be ordering everything urgently (24 hours) however it is up to the body corporate
whether they can fulfil the order within that timeframe.
If not, legislation allows five business days for supply of ordered and paid certificates.
In some cases, for instance if the scheme is self-managed, it may take longer to obtain the
certificate. We will liaise with your as issues arise.
Duplexes and inactive body corporates
A form 34 body corporate certificate applies to duplexes, but it will not apply to all duplexes.
Further, there may not be any active body corporate matters ongoing however that does not
mean a certificate is not required.
Please contact us directly to discuss ways to proceed.
Select this option if you are looking for section 223 BCCM Act Implied Warranty information.
The form 2 seller disclosure statement includes a body corporate certificate. That certificate
includes information about the lot and crucial background information about the body
corporate.
What it doesn’t include is anything about matters ongoing in the common property of the
body corporate.
Section 223 BCCM Act requires the seller of a lot in a body corporate warrant to the buyer
that the common property is free from latent and patent defects except for those from fair
wear and tear or otherwise disclosed in the contract.
That means if there are ongoing issues in the common property of the body corporate those
matters need to be disclosed.
If you’re not aware of matters, then to find out you will need to carry out a search of body
corporate records and make a statement. This is referred to as an implied warranty
statement.
Cost
In the past we were able to take advantage of economies of scale and carry out implied
warranty searches in conjunction with disclosure searches.
With the shift to Form 2 seller disclosures and body corporate certificates we will not be
accessing the body corporate records so frequently. As a result we have had to shift the
implied warranty search cost to align with other inspection costs.
Seller search of body corporate records ……………………………………………………$300 incl GST
What’s Included in the Search
A standard seller search of body corporate records will include copies of the following
documents:
– General meeting minutes for last two years
– Committee meeting minutes for last 12 months
– Sinking Fund Forecast
– Copies of relevant pages any building / engineer reports for last ten (10) years
– Cladding compliance (if applicable)
If there is other information in the records, you require you are free to request that
information as well.
We will include the implied warranty statement with the search, however we will not review
the minutes rather refer buyers to the documents attached.
Turnaround Times
We expect most seller search of records to be completed within 3 – 5 business days,
variable depending on whomever manages the records.
The Ask a Body Corporate Question form allows readers to submit general questions that may be answered through existing or future Body Corporate Blueprint content.
The form is intended to help identify subjects that buyers, owners and other readers would like to understand. It is not intended to provide advice about a particular body corporate, property, dispute or transaction.
Information provided in response to a question, or published in the Body Corporate Blueprint, is general educational information.
It does not constitute legal, financial, engineering, building, insurance or other professional advice. You should obtain appropriate professional advice about your particular circumstances before acting or relying on general information.
Submitting a question does not engage MyBodyCorpReport to inspect records, investigate a matter, prepare a report or provide professional advice.
No client or professional relationship is created by submitting a question or receiving a response.
Submission of a question does not guarantee that it will be answered individually or used in published content.
Questions may be declined, edited, combined with similar questions or held for possible future use. It may not be possible to respond to questions that require examination of body corporate records, contracts, plans, reports or other supporting information.
This form should not be used for urgent, time-sensitive or transaction-specific enquiries.
Please do not include:
• the name or address of a body corporate or property
• a community titles scheme number or lot number
• the names or contact details of other people
• confidential correspondence or records
• allegations identifying a particular person or organisation
• sensitive personal, financial, medical or legal information.
MyBodyCorpReport may remove identifying information from a question. However, you are responsible for ensuring that information you submit is appropriate to share.
By submitting a question, you give MyBodyCorpReport permission to:
• consider it for an individual response
• use it to identify possible article or resource topics
• edit it for clarity and relevance
• combine it with similar questions
• reproduce or discuss it anonymously in general educational content.
Your name, email address and other identifying information will not be published with the question without your permission.
Any name and email address supplied through the form will be used to administer the submission, contact you about your question where appropriate and notify you if relevant content is published.
Personal information will be handled in accordance with the MyBodyCorpReport Privacy Policy.
Submitting a question will not automatically add you to a marketing mailing list. Any consent to receive newsletters or promotional communications will be requested separately.
A general question may help explain what a document, event or warning sign could mean. Determining what it means for a particular body corporate usually requires consideration of its records and individual circumstances.
If you require an assessment of a particular scheme, a body corporate records search or another appropriate professional service may be required.