Question: Who determines what documents should form the Owners Corporation Records? Who is responsible for looking through the records to verify them?
I am the secretary of our Community Association. We have had a past EC member send through 600 pages of documents to our Strata Manager who has informed us they will place this on the HUB.
The problem is that this information has not been verified by the EC and we believe that this information should not be placed on the HUB until it has been verified.
Who determines what documents should form the Owners Corporation Records? Who is responsible for looking through the records to verify them?
Answer: A secretary or strata managing agent has no power to use discretion to decide what is or is not filed.
Our legislation clarifies what records must be retained by strata & community schemes for at least seven years:
- For strata schemes, we would rely on section 180 of the Strata Schemes Management Act 2015 (NSW).
- For community schemes, we would rely on section 169 of the Community Land Management Act 2021 (NSW).
In summary, the legislation includes “copies of correspondence received and sent by it” (with ‘it” referring to the owners corporation or community association) which basically means everything and anything sent to or received by the secretary or strata managing agent.
The law provides no power for the determination of whether documents form part of the records. Once they are received or sent, they automatically form part of the records. Whether the records contain untrue or unverified information is not considered relevant. A secretary or strata managing agent has no power to use discretion to decide what is or is not filed.
From time to time others may wish to seek to “correct the record” and this would often be done by way of a letter being put on the record, or a set of meeting minutes.
However, the bottom line is – everything goes on the record.
Tim Sara Sara Strata E: tim@sarastrata.com.au P: 04 8500 7960