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Electronic Storage of Strata Records

As the world moves towards a paperless society, the storage of official documents electronically does have significant implications for strata managers who are legally bound to maintain the records of properties entrusted to their care.
Section 100 of the Strata Schemes Management Act 1996 has the relevant clause.

100 What are the duties of an owners corporation to keep other records and documents?

  1. It is the duty of an owners corporation to keep records and documents in accordance with this Division.
  2. The information required to be kept may be recorded or stored by mechanical, electronic or other means.

The clause clearly stipulates that records may be stored electronically.

Recently however, this method of storage was challenged at the Consumer, Trader and Tenancy Tribunal. The case arose when a Strata Agency was required to transfer body corporate books and records to another agency who was taking over management of the property. The recipient challenged the legality of keeping and transferring records electronically.

Grace Lawyers successfully defended the former strata manger. “The Tribunal Member accepted our argument that not only was the keeping of electronic strata records not a breach of the Strata Schemes Management Act but the legislation expressly provided it,” said the legal team.

“The decision of the Tribunal confirms the view that an Owners Corporation can keep its books and records in an electronic format and can transfer that information by providing a range of disks or in some cases other programs containing the books and records of the Owners Corporation.”

At The Strata Agency, we are in the process of implementing a revolutionary electronic document management system entitled fileSMART. Produced by property software specialists Rockend, this new system enables easy scanning, electronic filing and fast search, retrieval of documents and most importantly has the ability to integrate seamlessly with existing strata programs.
It is our intention to store all strata documents electronically for instant, at-our-fingers access from both within our offices and remotely through our secure external network. All documents are stored in complete safety behind encryption and backed-up daily, offering fool proof disaster recovery in the event of flood or fire.

If you have any questions regarding electronic storage of records do not hesitate to email Justin at The Strata Agency on justin@thestrataagency.com.au.

   
 
 

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