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[Blueman]

Hi all,

I’m trying to understand common practice in NSW strata schemes regarding retention of email communications.

Under the Strata Schemes Management Act 2015 (NSW), section 180(1)(d) requires owners corporations to retain “copies of correspondence received and sent by the owners corporation” for 7 years.

In practice, when AGM notices and agendas are distributed by email:

Is the actual email message (including headers, body, and attachments) typically retained as the record of correspondence?
Or is it more common for strata managers to retain only a PDF copy of the notice/agenda?

I’m trying to understand what is considered standard practice for retaining email correspondence itself in this context.

The reason I am asking is that I am trying to understand how email distribution and retention practices typically operate in practice, particularly where owners may not have received a notice by email or post.

Any insight would be appreciated.

Thanks.

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[Jimmy-T]

Blueman wrote:

Is the actual email message (including headers, body, and attachments) typically retained as the record of correspondence? Or is it more common for strata managers to retain only a PDF copy of the notice/agenda?

This will depend greatly on how well the committee is organised and run and how professional the strata management operation is.

Bearing in mind that there are no Stratakops patrolling our schemes to make sure that we are doing the right thing, and we have yet to hear of any strata managers or committee members being punished for not keeping accurate records, then this question is verging on the hypothetical, although perfectly valid.

As for the provenance of emails – who sent them and who received them – those details are usually included in the messages and any efforts to remove them would rightly be viewed with great suspicion and potentially lead to penalties.

Here, according to our sponsors Bannerman Lawyers, are the key requirements for keeping records:

Strata Roll: A list of all owners in the scheme, including their details and unit entitlements. It must be kept for the entire life of the scheme.

Financial Records: This includes receipts, invoices, bank statements, and annual financial statements. These records must be kept for seven years.

Meeting Minutes: These should be kept for five years but are often kept indefinitely for historical reference.

Correspondence: All communication sent and received by the owners corporation and strata committee must be kept for seven years.

Signed Contracts: Contracts with strata agents and building managers must be kept for seven years.

These records are essential for transparency, accountability, and effective management of the strata scheme. Failure to maintain these records can lead to penalties and internal disputes. They can also lead to a lack of confidence among potential purchasers who would reasonably be concerned by the absence of any paper trails.

You’ll find a detailed summary of the legal requirements for retaining records HERE

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Blueman

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[Blueman]

 

Thank you Jimmy-T for your earlier response. Since my original post, I have obtained some further information.

This is a large, established strata management company (part of a well-known group), so I had assumed their record-keeping processes would be fairly mature.

I originally requested a copy of the email correspondence used to distribute the 2025 AGM notice and agenda, as I did not receive the notice before the meeting and only became aware the AGM had taken place when I later received the AGM minutes. Several other owners I spoke with could not confirm that they had received the AGM notice either.

I was initially advised that proof-of-service records are not retained and was provided with a copy of the AGM agenda PDF. After clarifying that I was seeking the email correspondence itself rather than proof-of-service records, the matter was escalated to the branch manager.

The branch manager advised that:

AGM notices and agendas are distributed using a third-party mailing house.
The Owners Corporation retains only the notice and agenda documents themselves.
Mailing or distribution records are not retained as part of the Owners Corporation’s books and records.

I have also since found the NSW Government guidance on record keeping:

https://www.nsw.gov.au/housing-and-construction/strata/serving-on-a-committee/record-keeping-requirements#toc-communication-records

which states that communication records, including emails, should be retained for seven years.

Given the above, would you pursue the matter further (for example with Fair Trading), or would you simply accept that this is common industry practice and move on?

Thanks.

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