sec.146Keeping and disposal of records— Act , s 204 [ SM, s 231 ]

sec.146 Keeping and disposal of records— Act , s 204 [ SM, s 231 ]

The body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal— the body corporate’s accounting records and statements of account for each financial year; notices given in relation to the community titles scheme by a public authority, local government or other authority; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority; each policy of insurance the body corporate puts in place; documents evidencing each engagement of a body corporate manager or service contractor; each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law; correspondence received by the body corporate, and correspondence sent by the body corporate; all minutes of meetings of the committee; all minutes of general meetings of the body corporate, and all associated general meeting material; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement; any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices. The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form— minutes of committee meetings and general meetings, including attachments; the body corporate’s roll; registers the body corporate is required to maintain. The following documents may be disposed of 6 years after their creation or receipt— statements of account, including certificates of auditors; notices of meetings, including agendas and attachments; documents evidencing or detailing major repairs or installations carried out on the common property; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders; notices given in relation to the scheme by a public authority, local government or other authority; written agreements to which the body corporate is a party; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement. The following documents may be disposed of 2 years after their creation or receipt— associated general meeting material, other than material mentioned in subsection (3) (b) ; correspondence of no significance or continuing interest; reconciliation statements and associated financial institution statements and invoices. Despite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following— a contract that is in force for longer than 6 years; a notice required to be given to the body corporate, if the information included in the notice is still current information. In this section— associated general meeting material means the following material related to general meetings of the body corporate— notices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices; notices of motion received; proxy appointment documents; notices by owners requesting general meetings; copies of instruments, notices and powers of attorney given to the body corporate under section 49 , 50 or 51 . (sec.146-ssec.1) The body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal— the body corporate’s accounting records and statements of account for each financial year; notices given in relation to the community titles scheme by a public authority, local government or other authority; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority; each policy of insurance the body corporate puts in place; documents evidencing each engagement of a body corporate manager or service contractor; each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law; correspondence received by the body corporate, and correspondence sent by the body corporate; all minutes of meetings of the committee; all minutes of general meetings of the body corporate, and all associated general meeting material; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement; any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices. (sec.146-ssec.2) The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form— minutes of committee meetings and general meetings, including attachments; the body corporate’s roll; registers the body corporate is required to maintain. (sec.146-ssec.3) The following documents may be disposed of 6 years after their creation or receipt— statements of account, including certificates of auditors; notices of meetings, including agendas and attachments; documents evidencing or detailing major repairs or installations carried out on the common property; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders; notices given in relation to the scheme by a public authority, local government or other authority; written agreements to which the body corporate is a party; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement. (sec.146-ssec.4) The following documents may be disposed of 2 years after their creation or receipt— associated general meeting material, other than material mentioned in subsection (3) (b) ; correspondence of no significance or continuing interest; reconciliation statements and associated financial institution statements and invoices. (sec.146-ssec.5) Despite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following— a contract that is in force for longer than 6 years; a notice required to be given to the body corporate, if the information included in the notice is still current information. (sec.146-ssec.6) In this section— associated general meeting material means the following material related to general meetings of the body corporate— notices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices; notices of motion received; proxy appointment documents; notices by owners requesting general meetings; copies of instruments, notices and powers of attorney given to the body corporate under section 49 , 50 or 51 .