The Unit Titles Act allows the regulator (MBIE) to request relevant information from bodies corporate or body corporate managers if it is reasonably required for its functions and powers under the Unit Titles Act. These functions include monitoring compliance with the Act and investigating complaints.

Please see below the information bodies corporate and body corporate managers must keep for at least 3 years. These documents relate to financial, maintenance, governance, and operational information of a body corporate.

Important notes:

  • If a document does not exist, you do not need to create it to comply with this requirement.
  • If you do not hold a document, you do not need to obtain it to comply with this requirement.
  • These documents can be kept in hard copy or electronic form.

Some of the required documents must be included in a pre-contract disclosure statement, so it is likely a body corporate or body corporate manager will already have this information. 

Checklist of documents that must be kept for 3 years:

  • Bank statements for any bank accounts established and maintained by the body corporate
  • Financial statements and any audit reports relating to the financial statements
  • Any valuation report from a registered valuer relating to an assessment of ownership interests for the unit title development
  • Any completed copy of any of forms 3 to 7 of Schedule 2 of the Regulations (which relate to ownership interests and utility interests)
  • Any document that contains information about the imposition of levies by and payment of levies to the body corporate
  • Long-term maintenance plan
  • Any remediation, earthquake prone and land defect report
  • Any notice given under section 80 of the Act from the body corporate to a unit owner about entering a unit
  • Register of all unit owners kept under the Act and any previous versions (for the last 3 years)
  • Notices, agendas and minutes of body corporate and committee meetings
  • A document that has contact details for the current body corporate chairperson or committee chairperson or current or previous body corporate manager
  • Notice of designated resolution
  • Notices of delegation from the body corporate to the body corporate committee
  • Report from the body corporate committee to the body corporate on the exercise of the duties and powers delegated to it
  • Documents that contain the details of all current insurance policies
  • Documents filed in any proceedings in any court or tribunal that the body corporate is involved in
  • Written agreement of body corporate managers’ terms of employment/engagement
  • Body corporate operational rules and any amendments
  • Documents setting out any current warranties from third parties for common property, assets owned by the body corporate, or building elements and infrastructure
  • Notice of resolution to be decided without general meeting
  • Notice requiring an owner to sign any document to carry out a resolution
  • Conflict of interest register for the body corporate committee
  • Conflict of interest register for the body corporate manager
  • Any service contracts that have been entered into by the body corporate.
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