Returning records to your body corporate

A body corporate must keep certain records. It can ask a person who has its records (or other body corporate property) to return them.

Documents held by an individual

A body corporate can ask for its records to be returned if the person got the records as:

• a member of the body corporate
• a member of the committee
• a body corporate manager
• a service contractor
• an associate of someone in this list.

This applies if someone has:

• a body corporate record or document
• a body corporate asset
• the body corporate seal.

The committee must pass a resolution for the records or other property to be returned. The person who has the items must return them (to whoever is named in the notice) within 14 days of getting the committee’s notice.

For schemes registered under the Specified Two-lot Scheme Module, the request can be given by 1 or both lot owners.

Often a body corporate will ask someone to return records after their body corporate management contract ends or when they stop being a committee member. However, the body corporate can ask for records to be returned at any time.

It is an offence not to do so. A fine of up to $2,523 applies.

A person cannot keep records until the body corporate pays a debt or meets some other obligation.

Documents held by a body corporate manager

If a body corporate manager’s engagement ends and they have records in electronic form, the body corporate can ask them to give it the records:

• on a disc or other accessible form (such as an electronic or scanned file)
  or
• on paper.

The body corporate manager must pay any costs.