Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 220

220 Keeping and disposal of records—Act, s 204 [SM, s 231]

(1) The body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal—

(a) the body corporate’s accounting records and statements of account for each financial year;

(b) notices given in relation to the community titles scheme by a public authority, local government or other authority;

(c) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;

(d) each policy of insurance the body corporate puts in place;

(e) documents evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent;

(f) 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;

(g) documents evidencing each engagement of a service contractor or authorisation of a letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else;

(h) correspondence received by the body corporate, and correspondence sent by the body corporate;

(i) all minutes of meetings of the committee and all associated committee meeting material;

(j) all minutes of general meetings of the body corporate, and all associated general meeting material;

(k) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement;

(l) any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices;

(m) notices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.

(2) The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form—

(a) minutes of committee meetings and general meetings, including attachments;

(b) the body corporate roll;

(c) registers the body corporate is required to maintain.

(3) The following documents may be disposed of 6 years after their creation or receipt—

(a) statements of account, including certificates of auditors;

(b) notices of meetings, including agendas and attachments;

(c) documents evidencing or detailing major repairs or installations carried out on the common property;

(d) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;

(e) notices given in relation to the scheme by a public authority, local government or other authority;

(f) written agreements to which the body corporate is a party;

(g) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.

(4) The following documents may be disposed of 2 years after their creation or receipt—

(a) associated committee meeting material and associated general meeting material, other than material mentioned in subsection (3) (b) ;

(b) correspondence of no significance or continuing interest;

(c) reconciliation statements and associated financial institution statements and invoices.

(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) a contract that is in force for longer than 6 years;

(b) a notice required to be given to the body corporate, if the information included in the notice is still current information.

(6) In this section—

"associated committee meeting material" means the following material related to meetings of the committee—

(a) notices of meetings, including agendas and attachments;

(b) committee member proxy appointment documents;

(c) notices for resolutions to be passed other than at a meeting, and the responses of committee members;

(d) notices of resolutions sent to owners, if the notices are given other than in the minutes of the relevant committee meetings;

(e) notices of resignation by committee members;

(f) written agreements of committee members reducing the notice period for committee meetings.

"associated general meeting material" means the following material related to general meetings of the body corporate—

(a) notices calling for nominations for committee positions;

(b) notices by owners requesting general meetings;

(c) notices of meetings, including agendas, hard copy voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;

(d) notices of motion received, including explanatory notes for motions;

(e) nominations for election as a committee member;

(f) proxy appointment documents;

(g) completed voting papers, including ballot papers and secret voting documentation, for motions and election ballots;

(h) voting tally sheets or other records showing votes for motions and election ballots;

(i) notices of objection by owners of lots to meeting locations;

(j) copies of instruments, notices and powers of attorney given to the body corporate under sections 91 , 92 and 93 .