Olivia is over the moon. She has just signed a contract to purchase her first apartment in a lively and green suburb close to the city. Once the contract was signed she email the Body Corporate Manager to see the Body Corporate Records. She didn’t hear anything back and amid all the other things she had to take care of she just forgot about it.
Once the purchase of the apartment was settled, she decided to volunteer some of her spare time and nominated herself as the Secretary of the Committee for the next AGM. Before nominating herself she emailed the Body Corporate Manager again and asked to see the previous AGM Minutes as well as the Financial Statements and Insurance Certificate, after all she thought she should be up to date with all the information concerning the Body Corporate if she wanted to do a great job as the Secretary. Again she didn’t receive any response from the Body Corporate Manager. She even tried two alternative email addresses with no luck.
At the AGM, Olivia was elected as the Secretary. From that date onwards she called and emailed the Body Corporate Manager asking for copies of the Records and to come into the office and inspect them, without any luck for a few months. She even talked to the other Committee members about the problem but unfortunately didn’t get any help.
Olivia, decided to do some research and came to the conclusion that going to Adjudication was the only option she had left, as the Body Corporate Manager did not respond to her calls or emails. Once she emailed the Body Corporate Manager about her intention to lodge an Application for Adjudication, she got a short email back asking for the reason she wanted to inspect the Records. Olivia thought this to be strange, she was the Secretary of the Committee after all, surely she wouldn’t need a reason to inspect the documents.
And she was right, the Adjudicator order that Olivia should be given access to inspect and that copies should be sent to her email of all the records she had requested whilst being the Secretary of the Committee.
The Adjudicator also, noted that the Body Corporate Records are the property of the Body Corporate not the Manager and that Olivia, as a Committee members has an inherent right to access the Records within a reasonable time after such request.
Under the Body Corporate and Community Management Act and Regulations, “interested parties” are allowed access to Body Corporate Records. Any request to access such records must comply with requirements in the legislation and the Regulation Module applicable to your Complex.
Do you feel that you have been denied access to Body Corporate Records unreasonably, or are you being asked to provide records to a person who hasn’t complied with the legislative requirements? Get in touch with us to know what your rights are and how to get access to Body Corporate Records.
Disclaimer: This article is intended as general information only and should not be relied upon as legal advice. For specific legal advice please contact us here.