Queensland BCCM Form 13 Information Certificate
A Body Corporate is usually requested to supply a Form 13 Information Certificate when a lot owner is selling their lot. The information supplied in the certificate is used to determine settlement costs between the buyer and seller and to confirm information already provided by the seller to the buyer in a ‘disclosure statement’. If you are regulated by the ‘Two Lot’ regulation, then a Form 26 Information Certificate will be more appropriate.
Prescribed Fee and time allowed for form completion
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 (a body corporate information certificate) in the approved form giving financial and other information about the lot.
The prescribed fee to accompany a request for a body corporate information certificate is currently $63.15 (excluding GST). A Body Corporate should consider the taxation impacts of the income associated with the prescribed fee and whether it may be more appropriate to waive the fee.
The Queensland BCCM Information Certificate Form (Form 13) can be downloaded from this link. Form 26 can also be retrieved from this site. You may choose to create your own form or enhance the existing form. Section 49(1) of the Queensland Acts Interpretation Act 1954 provides:
If a form is prescribed or approved under an Act, strict compliance with the form is not necessary and substantial compliance is sufficient.
The prescribed form has limitations particularly if an amount has only been partially paid. An additional column to clearly identify the amount overdue on each row would be useful and enable the total amount overdue to be understood. Tracsafe’s DIY-BC software generates this additional information in support of completion of an Information Certificate.
Body Corporate Seal
The approved form identifies that the common seal of the Body Corporate shall be affixed to the form. The body corporate’s seal may be used only as directed or authorised by ordinary resolution, but if no such resolution exists, then for a DIY Body Corporate, it must be affixed by two committee members (one of whom is the Chairman or Secretary).