Rolls and registers under other Acts

Read about body corporate rolls and registers if your body corporate has a community management statement (CMS) registered.

Rolls and registers

The roll is a detailed list of information about:

• each lot in a body corporate
• the original owner (i.e. the developer).

Registers record things like:

• the list of body corporate assets
• prescribed arrangements for the body corporate manager, service or letting arrangements.

Rolls in subsidiary bodies corporate

A subsidiary body corporate under the Building Units and Group titles Act 1980 (BUGT Act) must keep information about each lot on its roll. This includes:

• names and addresses for service for certain people or agencies
• leases that are terminated or assigned
• the lot entitlement schedule for the lot.

The body corporate must also keep a copy of its by-laws and a register of its prescribed arrangements in the roll.

Names and addresses

Names and addresses for service must be recorded in the body corporate roll for:

• the original owner of the body corporate when it was registered
• each owner, as shown in the prescribed notice the owner gives
• the company nominee of a corporation that owns or holds a mortgage over a lot
• the first mortgagee (the first lender who holds the mortgage over the property)—and the address of the new mortgagee who takes over a mortgage
• any mortgagee in possession of a lot (a lender who has taken over a lot if the owner failed to make repayments)
• the tenant, if a lot is leased for 6 months or more (or for any other period the body corporate decides by resolution without dissent at a general meeting)
• any person assigned a lease
• any other person who has become entitled to the lot
• any real estate agent or letting agent engaged by an owner to let the lot.

Notices for updates to the roll

A notice to update the body corporate roll should be in writing.

Owners

A lot owner must let the body corporate know:

• if there is a change to their address for service
• the new owner’s name and address for service when they sell or otherwise transfer their lot
• the name and address of a real estate agent or letting agent they appoint to let their lot and when that appointment ends.

If the lot owner transfers their lot but doesn’t notify the body corporate, the new owner may do so.

New owners

A person who can take over as the registered owner of a lot can notify the body corporate:

• how and when they became entitled to the lot
• their name and address for service.

Company nominees

If a corporation that owns a lot doesn’t give the body corporate a notice naming its company nominee, the nominee’s votes at meetings will not count.

New leases and subleases

The person granting a lease or sublease of 6 months or more (unless that period is changed) must let the body corporate know in writing:

• about the lease they are granting and the lot number
• the tenant’s name and address for service
• the details of any lease being terminated or transferred, including
  • the date it happened
  • the name and address of any new tenant, confirmed in writing by the new tenant.

Mortgages

A mortgagee can give the body corporate notice identifying their lot and when they:

• first mortgaged their lot
• transferred or discharged a mortgage
• took possession of their lot.

Body corporate requesting information for roll

If the body corporate believes someone still needs to give information for the roll, it can give them a written notice. The notice can ask the person to give the information within 14 days.

Rolls in higher-level bodies corporate

Higher-level bodies corporate are:

• community or precinct bodies corporate under the Mixed Use Development Act 1993 (MUD Act)
• principal or primary thoroughfare bodies corporate under the
  • Integrated Resort Development Act 1987 (IRD Act)
  • Sanctuary Cove Resort Act 1985 (SCR Act).

Primary thoroughfare body corporate roll

Information that a primary thoroughfare body corporate must keep on its roll includes:

• the lot entitlements of the owner of each lot within the site—excluding land within the residential areas in which these bodies corporate are located
  • the principal body corporate
  • the subsidiary group titles plan (GTP) or building units plan (BUP) body corporate
• the lot entitlements of the principal body corporate
• the total lot entitlements
• the name and address for service of each member of the primary thoroughfare body corporate
• the name and address of any person a member appoints (in writing) to represent them at body corporate meetings
• a copy of the current primary thoroughfare by-laws.

Principal body corporate roll

Information that a principal body corporate must keep on its roll includes:

• the individual and total lot entitlements of any initial or secondary lots that have not been re-subdivided into a BUP or GTP
• the name and address for each member of the principal body corporate (members can be a subsidiary body corporate)
• the name and address of any person a member appoints (in writing) to represent them at body corporate meetings
• a copy of the development control by-laws
• a copy of the secondary thoroughfare by-laws.

Community and precinct body corporate rolls

A body corporate under the MUD Act must record this information in its roll:

• the lot entitlement of each member of the body corporate
• the total lot entitlements of all members of the body corporate
• the name and address for service of each member of the body corporate
• the name and address of any person a member appoints (by written notice) to represent them at body corporate meetings
• a copy of the current by-laws.

Registers for subsidiary bodies corporate

Subsidiary bodies corporate under the BUGT Act must keep registers.

Asset register

Information about body corporate assets must be in a register in the body corporate’s records.

A body corporate asset is an item of personal property the body corporate owns.

Prescribed arrangement register

Details of prescribed arrangements must be in a register in the body corporate’s records.

A prescribed arrangement can include an agreement or arrangement between the body corporate and any other person to:

• appoint a body corporate manager
• carry out maintenance duties of the body corporate
• supply services to an owner or occupier
• provide security services
• conduct a letting business.

A prescribed arrangement can also be part of the body corporate’s by-laws.

Registers for higher level bodies corporate

There is no requirement to keep registers for higher level bodies corporate under the MUD Act, the IRD Act and the SCR Act.