Records a body corporate must keep
The body corporate must keep up-to-date information about lots (in the roll) and registers. Registers record things like:
- the use of common property
- engaging service contractors
- committee voting.
This information is for schemes registered under the:
- Standard Module
- Accommodation Module
- Small Schemes Module
- Commercial Module.
See the Specified Two-lot Schemes Module.
The roll of lots and entitlements
The roll is a detailed list of information about each lot in a community titles scheme, as well as the original owner (i.e. the developer).
Information that must be kept on the roll includes:
- the name, residential or business address and address for service (if different) of each current lot owner or co-owner
- details of any mortgagee in possession of a lot (a lender who has taken over a lot if the owner failed to make repayments)
- the name and address of the tenant and the term of the lease (if a lot is leased for 6 months or more)
- the name and business address of the letting agent (if a person is engaged by an owner to let the lot)
- the name of the person who votes for a lot, including a representative of a lot or the nominee of a corporation that owns a lot
- the contribution and interest schedule lot entitlement for each lot
- details about the original owner, including their name, addresses and their Australian Company Number (ACN) or Australian Business Number (ABN) if a corporation.
Notices for roll
Owner responsibility
A lot owner must tell the body corporate if there are any changes to information kept on the roll. They must do this within 1 month of the change.
For example, within 1 month of becoming the owner of a lot, the owner must tell the body corporate their address and how they became the owner.
Body corporate responsibility
The body corporate must record the information required for the roll within 14 days of receiving it.
Forms for roll information
See the information for body corporate roll form for a guide to what details you must provide to the body corporate if you are an owner (or acting on behalf of the owner).
A body corporate can send an information required by body corporate form if the lot owner has not given them all the information needed for the roll.
Address for service
The lot owner or a relevant person must give the body corporate an ‘address for service’. This is the address where notices from the body corporate and other information must be sent. The owner or relevant person must provide an Australian postal address.
If no address for service is given, the body corporate will send all correspondence to the last address it has for the lot or relevant person (whether inside or outside Australia).
However, the lot owner or relevant person may nominate an email address to be part of the address for service.
If there are 2 or more co-owners for 1 lot, there must be only 1 address for service for the owners.
If you give your email address to the body corporate as part of your address for service, you are consenting to receiving all documents from the body corporate by email.
If you have previously given your email address to the body corporate, this email address will be your address for service.
If the address for service changes, the lot owner must give the body corporate their new address in writing.
For schemes registered under the Standard Module, the address for service must be an Australian address. This is not required for schemes registered under the other regulation modules.
There must only be 1 address for service, even if there are 2 or more lot owners.
Register of assets
A body corporate asset is an item of real or personal property bought or received by the body corporate. A body corporate asset does not include property which becomes part of the common property.
For example, a rainwater tank is a body corporate asset before it is installed. After it is installed it forms part of the common property.
Any assets valued at more than $1,000 must be listed in an assets register.
The register must include:
- a brief description of the asset
- if bought—its cost, as well as where and when it was bought
- if a gift—the estimated value, and details of who gave it to the body corporate.
Register of engagements and authorisations
The body corporate must have a register of any engagements of body corporate managers and service contractors as well as any authorisations of letting agents.
The register must include:
- the name and address of the body corporate manager, service contractor or letting agent
- their duties
- details of their remuneration (e.g. wages or allowances)
- the term of the engagement or authorisation
- information about any powers given to the body corporate manager
- an original copy of the contract.
Register of common property authorisations
If a service contractor or letting agent is allowed (authorised) to use the common property, or if a lot owner is allowed to improve the common property, information about this must be kept in a register.
The register must include:
- when the resolution giving the authority was passed
- a description of the area of common property (the authorised area)
- any conditions made when the authority was given.
Register of exclusive use allocations
The body corporate must keep a register of areas and assets affected by an exclusive use by-law.These are by-laws that give a lot exclusive use of common property or body corporate assets.
The register must include details of the:
- relevant exclusive use by-law
- area of common property affected
- lot that benefits.
Register of reserved issues
The body corporate can decide to stop its committee from making decisions on particular issues. These are known as reserved issues.
Reserved issues can only be decided by ordinary resolution at a general meeting.
The body corporate must keep a register of reserved issues.
The register must include:
- a description of the issue
- the date of the decision to reserve the issue.
A copy of the register of reserved issues must be given to all owners with the notice of each annual general meeting.