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[Stressed secretary]

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Hi there

I’m trying to complete a Section 184 certificate for the sale of 1 of 3 units in our block. As a small (tiny) strata, we run it ourselves. I cannot find any ‘how to’ on the NSW Government ‘Strata schemes and strata hub’ website to complete this certificate.

In particular, the wording of Question 3 and Question 4 regarding the financial position of the Administration and Capital Works funds:

is the ‘Total amount last determined’
for that financial year only and
for the whole strata or for the lot involved
is the ‘Amount (if any) outstanding’ and ‘Amount (if any) in credit’
for the whole strata for that financial year only or the balance in the bank account or
for the lot involved only for the Admin/Capital Works funds –
if it is for the lot involved, does ‘Amount (if any) in credit’ mean that the lot owner has already paid their annual levy or what?

I can’t find any advice on the Service NSW Strata Schemes website on how to complete this certificate).

I rang Service NSW and a customer service officer interpreted the Act to mean these questions relate to the whole strata in the current financial year (but stressed they were unable to give legal advice).

In contrast, a couple of legal blogs I have found imply the S184 is a vital document for a buyer to ascertain the overall health of a Capital Works Fund/Administration Fund – ie over many years.

If it is simply a snapshot of the current financial year levies and payments to date by either the whole strata or the relevant lot, there are no sections on the S184 form that give the overall picture.

Thanks for all advice!

• This topic was modified 1 week, 6 days ago by .

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[Tina]

I had a look at the form from the NSW Govt’s web site.

 Is the ‘Total amount last determined for that financial year only and for the whole strata or for the lot involved?

The Total amount is determined by whatever period you specify on the form.  The form has boxes for you to enter dates “Period” ___ “to” ___.  It is for the lot involved because you specify the lot at the top of the form.

is the ‘Amount (if any) outstanding’ and ‘Amount (if any) in credit’
for the whole strata for that financial year only or the balance in the bank account or
for the lot involved only for the Admin/Capital Works funds –

The amount should be for the lot specified at the top of the form.  Not the whole strata.  It is not the balance of the bank account.  You have to show whether the lot owner has fallen behind in levy payments.

Outstanding means that they owe money to the owners corporation.

Amount in credit is the opposite.  The lot owner has paid for a future period outside the dates you specified.  You put the administrative fund levy amounts in question 3 and the capital works fund levy amounts in question 4.

if it is for the lot involved, does ‘Amount (if any) in credit’ mean that the lot owner has already paid their annual levy or what?

No.  It means they have paid for a future levy which has not been invoiced yet.  For example, if your financial period is 1 July 2025 to 30 June 2026 and all the levies are paid, there is $0 outstanding.  If they have also paid levy for 1 July 2026 to 30 September 2026 (which is outside the financial period), then you put that amount in the credit.  If a levy is due on 1 July 2026 and the lot owner deposited the money on 30 June 2026, that amount is in credit.

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Stressed secretary

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[Stressed secretary]

Thank you for your help – really appreciate it!

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[Author]

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