WA: What can owners do if strata records are deleted or hidden by a committee member?

Question: What can owners do if a secretary used a private email account to instruct contractors and then deleted the emails?

We discovered that the secretary of our strata company used a private Gmail account to instruct contractors to carry out work paid for with strata funds. The secretary says that the emails have been deleted. The secretary bypassed the strata manager, allegedly to prevent the emails from being captured as a strata record.

What action can owners take to recover the records and ensure this does not continue to occur?

Answer: A strata company cannot function transparently or lawfully if records are concealed or destroyed.

Under the Strata Titles Act 1985 (WA), all correspondence, instructions, invoices, quotes, and approvals relating to the expenditure of strata company funds form part of the strata company’s records. These records must be:

• kept,
• maintained, and
• made available for inspection to owners and authorised persons.

Using a private Gmail account to instruct contractors, approve works, or authorise spending — and then deleting those emails — is inconsistent with the strata company’s statutory record‑keeping obligations.

1. Record‑keeping obligations

Section 107 and related provisions require the strata company to keep:

• financial records,
• correspondence relating to the strata company’s affairs,
• notices, approvals, and authorisations,
• records of works carried out and paid for with strata funds.

Any communication that results in the strata company spending money must be retained as part of the official records, regardless of who sent it.

2. The secretary’s conduct

If the secretary:

• used a private email account to instruct contractors,
• bypassed the strata manager to avoid those emails becoming part of the official records, and
• deleted those emails after the fact,

then the secretary has:

• failed to comply with the strata company’s statutory record‑keeping obligations, and
• potentially acted outside the authority of their role.

The secretary does not have the right to destroy or conceal records relating to the strata company’s financial affairs.

What an owner can do

An owner who becomes aware of this conduct should take the following steps:

Make a written request for the records

Formally request that the secretary provide:

• copies of all instructions issued to contractors,
• any correspondence relating to works paid for with strata funds,
• details of the works authorised, invoices and payment records.

Even if the emails were deleted, the secretary must still account for the decisions made and the expenditure authorised.

Require the strata manager to investigate

The strata manager is contractually responsible for maintaining the strata company’s records. They must:

• investigate the missing correspondence,
• request the secretary to provide all available information,
• ensure future instructions are issued through proper channels.

Raise the matter with the Council of Owners

If the secretary is a council member, the council should:

• review whether the secretary acted within their authority,
• consider issuing a directive that all strata‑related communication must occur through official channels,
• require the secretary to cease using private accounts for strata business.

Call for a motion at a general meeting if necessary

Owners may move to:

• censure the secretary,
• remove the secretary from their position,
• adopt a by‑law or resolution requiring all strata communications to be conducted through the strata manager or official strata email accounts.

Consider escalation if records were deliberately destroyed

If the deletion of emails was intentional and designed to avoid transparency, owners may:

• lodge a complaint with the Commissioner for Consumer Protection, or
• apply to the State Administrative Tribunal (SAT) for orders relating to record‑keeping, governance, or misconduct.

SAT has the power to:

• compel the production of records,
• make findings about improper conduct,
• remove or restrict council members’ authority.

4. Key principle

A strata company cannot function transparently or lawfully if records are concealed or destroyed.

The secretary’s personal email account is not an acceptable substitute for the strata company’s official records, and deleting those emails does not remove the obligation to account for decisions made on behalf of the strata company.

This post appears in Strata News #787.

Luke Downie
WA Strata Consultant
E: Email
P: 0456 589 639