COO meeting minutes omit dates and years — how can we determine the age and legitimacy of the recorded decisions?

Your concerns are well-founded. Under the Strata Titles Act 1985 (WA) as amended by the 2018 reforms, there are specific statutory obligations relating to record keeping and the conduct of the council of owners (COO), including the preparation and maintenance of meeting minutes.

Record keeping obligations: Meeting minutes

Under Section 104(1)(b) of the Act, the strata company must retain:

"a full and accurate record of all minutes of its meetings and of meetings of its council."

This provision imposes a legal obligation to ensure that the minutes are not only retained but also accurate and complete. A minute that omits the year of the meeting date is inherently incomplete and fails to meet this legal standard.

Approving such incomplete minutes as a "true and correct record" may constitute a failure of duty on the part of the council under Section 137 of the Act, which requires council members to:

"act honestly, with loyalty and in good faith in the performance of their functions"

and

"exercise the degree of care and diligence that a reasonable person would exercise in the circumstances."

Repeated failure to correct defective records — despite being notified — may amount to a breach of these duties.

Determining the age of the minutes and decisions

If the minutes lack clear dates, you can use the following methods to ascertain their timing:

• Inspection of related records under Section 107 of the Act, such as:
  • Meeting notices or agendas (which must contain dates),
  • Correspondence referencing the meeting,
  • Invoices or quotes related to decisions made,
  • Emails transmitting the minutes.
• If digital, check file metadata (date created/modified).
• Cross-reference with dated events or resolutions recorded in financial statements or strata reports.

You are entitled to inspect all these documents upon request.

Are the decisions valid?

Poorly recorded minutes do not necessarily invalidate the decisions made if the meetings were validly convened and quorate and the decisions were made in accordance with the Act. However, the lack of reliable records:

• Makes it difficult to prove that proper process was followed,
• Can result in decisions being challenged,
• May expose the strata company to disputes or regulatory scrutiny.

This is particularly significant if a dispute were to arise and a party sought review in the State Administrative Tribunal (SAT) under Sections 189–200, where accurate records would be critical.

Recommendations

To address this issue, you may consider:

• Formally writing to the council of owners requesting that they review and correct previous minutes in accordance with their obligations under Section 104.
• Recommending the engagement of a strata manager or professional administrator to assist with compliance.
• If unresolved, applying to the SAT under Section 199 or 200 of the Act to seek: 
  • An order requiring accurate records to be kept,
  • A declaration regarding the validity of specific decisions,
  • Or the appointment of an administrator under Section 119 if governance concerns are systemic.

Please note that the above does not constitute legal advice and is our opinion only; the strata company may seek their own further legal advice to cover their own circumstances.