Keeping and disposing records under other Acts
A body corporate must keep certain records. There are rules about how these records must be kept and when they can be disposed of.
Read about body corporate rolls and registers and keeping and disposing of body corporate records if your body corporate has a CMS registered.
Records a body corporate must keep
A subsidiary body corporate must keep certain records under the Building Units and Group Titles Act 1980 (BUGT Act) if it is registered under a:
These higher-level bodies corporate must also keep certain records:
- a community or a precinct body corporate under the Mixed Use Development Act 1993 (MUD Act)
- a principal or a primary thoroughfare body corporate under the
- Integrated Resort Development Act 1987 (IRD Act)
- Sanctuary Cove Resort Act 1985 (SCR Act).
These records can include:
- accounting and financial records (including annual statements of account)
- orders and notices served on the body corporate (e.g. from a referee, court, tribunal, or other authority)
- general and committee meeting minutes and other meeting material.
The body corporate must also keep a roll and, in some cases, registers.
Read more about rolls and registers.
Records from the original owner
At the first annual general meeting of a body corporate, the original owner (i.e. developer) must give these records to the body corporate:
- All plans, specifications, diagrams or drawings of buildings as built, showing
- water pipes
- electrical wiring
- drainage
- ventilation ducts
- air conditioning systems
- other utility infrastructure.
- Documents the original owner obtained or received that relate to the body corporate such as
- certificates
- the body corporate roll
- accounts
- insurance policies
- other notices or records relating to the body corporate
- a budget showing the estimated annual expenditure of the body corporate.
The original owner does not need to provide documents that:
- only relate to their exclusive rights or obligations
- cannot be used to benefit the body corporate or any other member.
How long records must be kept
Subsidiary bodies corporate must keep:
- minutes of committee or body corporate decisions and cannot dispose of them unless the body corporate is terminated
- accounting and financial records for 6 years after adopting the accounts at a general meeting.
Higher level bodies corporate must keep:
- meeting minutes and accounting records for at least 10 years
- voting tally sheets or other voting records for motions and election ballots for at least 2 years.
The Australian Tax Office may require records to be kept for longer (or shorter) times.
