Caveats

All residents of Iluka are required to be members of the Iluka Home Owners association and each property has a Caveat placed over it. A Caveat is warning recorded on a Certificate of Title which indicates that another another party (the caveator) claims an interest in the land. In this case the caveator is the Iluka Home Owners Association for the purposes of ensuring compliance with the Covenants. When a property is purchased in Iluka, it is usual during the settlement process (and typically at the request of the financing organisation) for the Caveat to be lifted and re-lodged.

Note that there are some statutory costs and fees associated with lifting and re-lodging a caveat. Please check with your settlement agent for details.

If you are refinancing your property then your lending institution may require the existing caveat to be lifted and re-lodged before refinancing can be processed. Ask your lender and, if necessary, complete the refinancing form below. In some circumstances, the lender may not require the caveat to lifted and re-lodged but will accept a letter from the committee confirming that we have no financial claim over the property. If this applies to you then please advise the lender to contact the committee by email or post.

For further information about caveats, contact Clark Whyte Lawyers:

	Phone:	(08) 6210 7070
	Fax:	(08) 9221 2264
	Postal Address:	PO Box Z5084 Perth WA 6831

Caveat Documents

	Caveat Document	[17kb]
The Caveat Document notifies the Purchaser that he/she must become and remain a member of the association so long he/she remains an owner of the land.

	Sale Application	[68kb]
If you are selling your property then this form must be completed and faxed to Clark Whyte Lawyers.

	Refinancing Application	[65kb]
If you are refinancing your property and your lending institution requires the existing caveat to be lifted and re-lodged, then complete this form and fax it to Clark Whyte Lawyers.

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Site last updated: 5^nd June 2010