In NSW, the outgoing strata manager must hand over the owners corporation's records, accounts and other owners corporation property in the manager's possession or control — the strata roll, financial and levy records, meeting records, contracts, insurance, by-laws, capital works documents, keys and access credentials.
In NSW, the outgoing strata manager must hand over the owners corporation's records, accounts and other owners corporation property that are in the manager's possession or control.
That normally includes the strata roll, financial and levy records, bank and trust-account information, meeting records, correspondence, contracts, insurance documents, by-laws, notices and orders, capital works documents, reports and other scheme records. The handover should also include the practical items needed to keep the scheme running, such as keys, access devices, software exports and administrator credentials where those items belong to or are controlled for the owners corporation.
NSW law gives the strata committee a specific power to require delivery of owners corporation property, including records. If the committee gives the required notice after termination, the property must be delivered within 14 days.
The old manager should hand over the complete scheme file, not just the latest AGM minutes or a balance sheet.
NSW Fair Trading states that a strata scheme's records are the property of the owners corporation. If the previous manager is not reappointed, the records must be provided to the new strata manager or the owners corporation.
Section 181 of the Strata Schemes Management Act 2015 gives the strata committee a direct production power. If the committee gives a person who has possession or control of owners corporation property a notice requiring delivery, that property must be delivered to the specified committee member within 14 days. The Act expressly includes records within the meaning of property.
The Property and Stock Agents Regulation 2022 also requires an outgoing strata managing agent to cooperate with the incoming agent — or with the owners corporation if it will self-manage — by making records reasonably available and facilitating the transfer of management functions.
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The strata roll is the operational owner and occupancy register for the scheme. It must stay current through the manager change.
NSW Government guidance says the roll includes the strata plan number and address, owner names and contact details, ownership information, possession dates, agents, tenant details, original owner details, manager details, unit entitlements, insurance details and by-laws.
The incoming manager should receive the current live roll plus enough supporting history to understand recent ownership and tenancy changes.
The outgoing manager should hand over the complete financial record needed to reconcile the administrative fund, capital works fund and any other scheme funds.
NSW record-keeping guidance specifically identifies annual financial statements, receipts, invoices, statements showing deposits and withdrawals, cash records and the levy payment record as records that must be kept.
For a changeover, the incoming manager should also be given closing balances and enough bank and trust information to prove how the closing position was calculated.
Levy records let the new manager continue collections and arrears recovery without losing history.
A manager change should not interrupt the corporate decision trail of the owners corporation.
NSW Government guidance says schemes keep meeting agendas, minutes, details of motions and voting results. AGM files also include financial statements, any auditor's report, the 10-year capital works fund plan and insurance details.
Where secret-ballot material is subject to special access or retention rules, the outgoing manager should transfer it securely and the incoming manager should preserve those restrictions.
Correspondence explains why decisions were made and what commitments were given to owners, residents and contractors.
The incoming manager should receive owner and resident communications, contractor correspondence, reports commissioned by the owners corporation and any written communications sent to or by the committee.
Every live commitment of the owners corporation should be identified so nothing lapses or auto-renews unnoticed.
Insurance files should be handed over in a way that lets the new manager continue cover and open claims without delay.
At minimum, the incoming manager should receive current policies, certificates, premium records and insurer or broker contacts. Open claims should include the claim number, event history, correspondence, reports, invoices and outstanding actions.
Capital works and compliance files carry the scheme's long-term obligations.
The handover should include the 10-year capital works fund plan, quotations and scopes, project files, building and condition reports, warranties, defect reports, current by-laws and registered changes, notices to comply, council or authority notices and any Tribunal or court orders.
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