Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 7 July 2020 at 15:56)
Part 10
Part 10 Records and information about strata schemes
Division 1 Strata roll and other records
176   Form of records
A strata roll or any other record required to be made or stored by an owners corporation may be made or stored in the form determined by the owners corporation.
177   Owners corporation must prepare strata roll
An owners corporation must prepare and maintain a strata roll in accordance with this Division.
Maximum penalty—5 penalty units.
178   Content of strata roll
(1) Information about lots The following information must be recorded in the strata roll in relation to a particular lot in the strata scheme—
(a)  the name of the holder of the estate in fee simple in the lot (in the case of a freehold strata scheme) or the holder of the leasehold estate in the lot (in the case of a leasehold strata scheme),
(b)  an address for service of notices,
(c)  an Australian postal address, and an email address if the holder has one, if not provided as the address for service,
(d)  the name of the holder’s agent (if any) appointed in accordance with this Act and the agent’s address for service of notices,
(e)  information provided under a strata interest notice,
(f)  information provided under a tenancy notice.
(2) Information about common property and strata scheme The following information must be recorded in the strata roll in relation to the common property of the strata scheme and the scheme in general—
(a)  the strata plan number and the address of the strata scheme building,
(b)  the names of the original owner and any strata managing agent of the owners corporation and their addresses for service of notices,
(c)  the aggregate unit entitlement of the scheme and the unit entitlement of each lot,
(d)  particulars of insurance taken out by the owners corporation, including the following—
(i)  the name of the insurance company,
(ii)  the number of the insurance policy,
(iii)  the nature of the risk insured,
(iv)  the amount of the insurance,
(v)  the due date for payment of the premium,
(vi)  the date on which the premium was last paid,
(e)  the by-laws for the time being in force for the strata scheme,
(f)  if the scheme was registered before the commencement of Part 10 of the Strata Schemes Development Act 2015, whether that Part applies to the scheme.
(3) Sources of information for strata roll The owners corporation may make or amend entries in the strata roll on the basis of information contained in the Register or provided under a strata interest notice or a tenancy notice (to the extent that information so provided is not inconsistent with information contained in the Register). Information provided under any such notice may be presumed to be consistent with information contained in the Register until the contrary is evident.
179   Notices and orders to be kept
An owners corporation must cause the following to be recorded—
(a)  particulars of any notice given to the owners corporation under this or any other Act, any order under this Act given to the owners corporation and any order made by a court or tribunal and given to the owners corporation,
(b)  the date on which it was given and the manner in which it was given,
(c)  the part of the parcel to which it relates,
(d)  the date by which compliance is required,
(e)  the date on which it is complied with.
Maximum penalty—5 penalty units.
180   Certain records to be retained for prescribed period
(1)  An owners corporation must cause the following to be retained for 7 years—
(a)  any records, notices and orders required to be kept under this Division or Part 10 of the Strata Schemes Development Act 2015,
(b)  minutes of meetings required to be kept under Schedule 1 or Schedule 2,
(c)  its financial statements and accounting records,
(d)  copies of correspondence received and sent by the owners corporation,
(e)  notices of meetings of the owners corporation and its strata committee,
(f)  proxies delivered to the owners corporation,
(g)  voting papers relating to motions for resolutions by the owners corporation and to the election of officers or the establishment of a strata renewal committee (under Part 10 of the Strata Schemes Development Act 2015),
(h)  a copy of any signed strata managing agent agreement or building manager agreement entered into by the owners corporation,
(i)  records given to the owners corporation by the strata managing agent relating to the exercise of functions by the agent,
(j)  any other documents prescribed by the regulations for the purposes of this section.
Maximum penalty—5 penalty units.
(2)  The regulations may prescribe a different period for which any or all of the things referred to in subsection (1) are required to be retained.
181   Owners corporation may require certain persons to produce records, accounts and property of the owners corporation
(1)  If the strata committee of an owners corporation gives a notice to a person who has possession or control of property (including records) of the owners corporation requiring the person to deliver the property to the strata committee, the person must, not later than 14 days after the notice is given, deliver that property to a member of the strata committee specified in the notice.
Maximum penalty—20 penalty units.
(2)  If the strata committee of an owners corporation gives a notice to a person who has possession or control of property (including records) of the owners corporation advising of the decision of the owners corporation to terminate the person’s appointment as strata managing agent, the person must, not later than 14 days after the notice is given, deliver that property to a member of the strata committee specified in the notice.
Maximum penalty—20 penalty units.
(3)  This section does not take away or affect any just claim or lien which a strata managing agent may have against or on any records or other property of an owners corporation.
(4)  This section does not affect the operation of the Property and Stock Agents Act 2002.
Note.
 The Property and Stock Agents Act 2002 contains requirements relating to the keeping of records under that Act.
Division 2 Provision of information about strata schemes
182   Requests for inspection of records of owners corporation
(1) Persons who may inspect An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.
(2) Form of request The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.
(3) Items to be made available for inspection The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent—
(a)  the strata roll,
(b)  any other records or documents required to be kept under this Part,
(c)  the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation before its first annual general meeting by the original owner or the lessor of a leasehold strata scheme,
(d)  if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,
(e)  any applicable 10-year capital works fund plan,
(f)  the last financial statements prepared,
(g)  every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,
(h)  if a strata managing agent has been appointed, a copy of the instrument of appointment,
(i)  if a strata renewal plan has been given to owners for their consideration under Part 10 of the Strata Schemes Development Act 2015, a copy of the plan,
(j)  any other record or document in the custody or under the control of the owners corporation,
(k)  if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, any other records (including records of the strata managing agent) relating to the strata scheme that are prescribed by the regulations,
(l)  if a building manager agreement is in force or has been entered into but has not yet commenced, a copy of the building manager agreement,
(m)  particulars of any service agreement entered into by the owners corporation,
(n)  particulars of any agreement entered into with a local council for a strata parking area,
(o)  if the request is made within 5 years after the end of the initial period, particulars of any orders made under section 27 and copies of any related contracts or other documents.
Maximum penalty—5 penalty units.
(4) Meeting inspections For the purpose of complying with requirements for the giving of notice of a meeting of the owners corporation, the original owner (whether or not having ceased to be an owner) or an agent authorised in writing by the original owner is entitled to inspect the strata roll without payment on making a written application.
183   Inspection of owners corporation documents
(1)  An inspection under this Division is to take place at the time and place, or by the means, agreed on and, failing agreement, at the parcel at a time and on a date, or by the means, fixed by the owners corporation under this section.
(2)  If an applicant and the owners corporation fail to reach an agreement within 3 days after the owners corporation receives the application, the owners corporation must immediately give the applicant a written notice fixing a specified time (between 9 am and 8 pm) on a specified date (not later than 10 days after the owners corporation receives the application), or a specified means, for the inspection to take place.
(3)  The means for inspecting documents may be in person or through electronic access to the documents or any other means agreed on or fixed under this section.
(4)  A person entitled to inspect a document may take extracts from, or make a copy of, the document but must not, without the consent of the owners corporation, remove the document from the custody of the owners corporation.
184   Certificate by owners corporation as to financial and other matters relating to lot
(1) Persons who may request certificate An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation for the strata scheme to give a certificate under this section (a strata information certificate) in relation to a particular lot.
(2) Form of request The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.
(3) Information relating to lot to be included in strata information certificate The strata information certificate must specify the following information in respect of the lot and the strata scheme—
(a)  the amount of any regular periodic contributions for the lot determined by the owners corporation under this Act, the periods for which those contributions are payable and any discounts applicable for early payment,
(b)  whether there is any amount unpaid of any contributions determined for the lot and, if so, the amount unpaid and, in the case of a contribution levied for the capital works fund, the date on which the contribution was levied,
(c)  whether there is any amount unpaid by an owner under a common property rights by-law or a by-law made under section 108,
(d)  whether there is any amount unpaid of any contribution levied under section 81 (4) for the lot and, if so, the amount unpaid and the date on which it was levied,
(e)  any amount and rate of interest payable in relation to any unpaid contribution referred to in this subsection,
(f)  whether there is any amount recoverable from the owner of that lot for work carried out by the owners corporation,
(g)  the proposals for funding the matters set out in the 10-year capital works fund plan,
(h)  whether or not a strata renewal committee has been established in relation to the strata scheme under the Strata Schemes Development Act 2015,
(i)  any other information that is required to complete the certificate.
(4) Information relating to management of strata scheme to be included in strata information certificate The strata information certificate must state, as at the date of the certificate, the name and address of each member of the strata committee and of any strata managing agent and building manager appointed under this Act for the strata scheme.
(5) Extra information required in relation to community schemes If the strata scheme is part of a community scheme, the strata information certificate must also include the following information—
(a)  the amount of any regular periodic contributions required to be made to the administrative fund and the capital works fund of the community association and the respective periods to which they relate,
(b)  the amount of any such contribution that has not been paid,
(c)  the date on which any regular periodic contribution to the administrative fund, and the capital works fund, of the association was levied,
(d)  if the strata scheme is also part of a precinct scheme—the same information in relation to the precinct scheme as is required by this section in relation to the community scheme.
(6) Form of strata information certificate The strata information certificate must be in the form approved by the Secretary.
(7) When strata information certificate must be given An owners corporation must give a strata information certificate under this section not later than 14 days after receipt by it of an application for the certificate.
Maximum penalty—5 penalty units.
185   Strata information certificate is evidence of matters stated in it
A strata information certificate is conclusive evidence, as at the date of the certificate, of the matters stated in it in favour of a person (whether or not the applicant for the certificate or a person referred to in the certificate) taking for valuable consideration—
(a)  an estate or interest in a lot in a freehold strata scheme to which the certificate relates, or
(b)  an estate or interest in a lease of a lot in a leasehold strata scheme to which the certificate relates.
186   Provision of strata scheme information to tenants
(1)  The lessor or sub-lessor of a lot or common property in a strata scheme must give the tenant of the lot or common property a copy of the by-laws and any strata management statement affecting the lot or common property, not later than 14 days after the tenant becomes entitled to possession of the lot.
Maximum penalty—5 penalty units.
(2)  The lessor or sub-lessor of a lot or common property in a strata scheme must, if the by-laws of the strata scheme are, or any strata management statement affecting the lot or common property is, changed, give the tenant of the lot or common property a copy of the changed by-laws not more than 14 days after the change takes effect.
Maximum penalty—5 penalty units.
(3)  This section does not apply to a strata scheme that is part of a community scheme.
Division 3 Orders about strata roll and records
187   Order confirming information for strata roll
(1)  The Tribunal may, on application by an owners corporation, owner or other person having or acquiring an estate or interest in a lot in a strata scheme, order an owners corporation to enter information contained in a strata interest notice in the strata roll if a person fails to provide the required written confirmation of the notice.
(2)  In making the order, the Tribunal may amend the information in the strata interest notice to which the order relates in any manner the Tribunal thinks fit.
(3)  The Tribunal must dismiss an application for an order if the Tribunal considers that the rights of any person would be prejudiced if the order were made.
(4)  A copy of an order under this section given to an owners corporation is taken to be a strata interest notice given to the owners corporation and information entered on a strata roll in accordance with the order is taken to have been entered from a notice with any written confirmation required.
188   Order to supply information or documents
(1)  The Tribunal may, on application by a person, order an owners corporation, strata managing agent, officer or former strata managing agent of an owners corporation to supply to the applicant information that the Tribunal considers that the owners corporation, strata managing agent, officer or former strata managing agent has wrongfully withheld from the applicant and to which the applicant is entitled under this Act.
(2)  The Tribunal may, on application by a person, order an owners corporation, strata managing agent, officer or former strata managing agent of an owners corporation to supply or make available to the applicant a record or document if—
(a)  the Tribunal considers that the owners corporation, strata managing agent, officer or former strata managing agent has wrongfully failed to make the record or document available for inspection by the applicant or the applicant’s agent, and
(b)  the applicant is entitled under this Act to inspect the record or document.
(3)  The order may specify the manner in which information is to be supplied or made available.