A body corporate must keep particular records and allow certain people to inspect and copy them. This guide explains who can request records, how to make a request, likely fees and timeframes, and what to do if access is refused.
How do I access body corporate records in Queensland?
The Body Corporate and Community Management Act 1997 (BCCM Act) and the regulation module applying to your scheme govern access to body corporate records. The information below generally applies to community titles schemes with a community management statement registered with Titles Queensland. Other legislation may apply if your scheme does not have one.
First, check that you are entitled to access the records. Then:
- Make a written request to the body corporate.
- Explain whether you want to inspect the records or receive copies.
- Identify the specific documents if you only want copies.
- Pay the applicable fee.
- Keep a copy of your request and payment details.
You do not need to inspect the records first if you can identify the documents you want copied. If you cannot identify them, you will generally need to inspect the records and find the documents yourself. You can appoint another person to search the records on your behalf.
The body corporate must provide access or copies within 7 days after receiving the written request and prescribed fee, subject to the rules applying to your scheme. Access may be by agreement or, if there is no agreement, in person at a reasonable time and place nominated by the body corporate.
A request for a body corporate certificate is a separate process. A buyer or another interested person can request a certificate containing financial and other information about a lot. The request must be in writing and include the prescribed fee. The body corporate must provide it within 5 business days.
If you are preparing to buy a lot, request the information you need early enough for it to support your decision. A records search and a body corporate certificate provide different types of information.
Who can inspect or copy body corporate records?
An interested person can inspect or obtain copies of body corporate records. This includes:
- an owner of a lot
- a mortgagee of a lot
- a buyer under a contract for sale
- a person who satisfies the body corporate that they have a proper interest in the information
- an agent acting for one of these people.
A tenant may be able to access records if they can establish a proper interest, such as information about living in or using a lot. The body corporate will need to be satisfied that the interest is proper and connected with the records requested.
Agents can make a request for an eligible person. It is sensible to identify who they represent and provide authority where appropriate. This can help the body corporate understand why the request is being made and what information is sought.
Committee members have a separate right to reasonable access to inspect the body corporate’s records without paying a fee. This is different from an interested person’s formal request for inspection or copies. What is “reasonable” may depend on the circumstances, including the records sought and how access can practically be provided.
The body corporate roll includes information such as the names and addresses for service of current lot owners and co-owners. It may also include information about tenants, letting agents, mortgagees in possession and voting representatives.
If you are concerned about sharing personal contact details, you may choose to use a separate email address for body corporate correspondence. This is a practical privacy measure, rather than a way to prevent required records from being maintained or accessed.
What records must a body corporate keep?
A body corporate must keep the records required by the regulation module applying to the scheme. The categories commonly include:
- accounting and financial records, including accounts, bank statements and invoices
- insurance policies and related defect assessment reports
- correspondence to and from the body corporate
- minutes and material from general and committee meetings
- notices and responses for motions passed outside committee meetings
- contracts with a body corporate manager or service contractor
- letting agent authorisations
- exclusive use agreements
- orders and notices from a court, tribunal, council or other authority
- reports provided by a body corporate manager acting for the committee.
The body corporate must also keep rolls and registers. These include the roll of lots and entitlements, the register of assets, registers of engagements and authorisations, the register of exclusive use allocations and the register of reserved issues.
The assets register records assets valued at more than $1,000. It can include a description of the asset, its cost or estimated value and information about when it was bought or received. The register of engagements and authorisations records details about body corporate managers, service contractors and letting agents, including their duties, remuneration, term and contract.
Records may also include building plans, development approvals, utility service contracts, warranties, fire safety documents, insurance information and documents received from the original owner. The exact requirements depend on the regulation module applying to the scheme.
How long must records be kept?
Retention periods are not the same for every record or every scheme. Under the Standard Module, some records can be disposed of after 2 years unless they remain current. These include:
- committee and general meeting material
- correspondence that is not important or no longer of interest
- financial statements, including bank statements and invoices.
Some other records can be disposed of after 6 years unless they remain current. These include:
- statements of account
- meeting notices and papers
- records about major repairs and installations to common property
- defect assessment reports
- orders and notices from courts, tribunals, councils or other authorities
- contracts to which the body corporate is a party
- reports provided by a body corporate manager acting for the committee.
Check the applicable regulation module before records are destroyed. A record that is still current cannot be disposed of simply because the relevant period has passed.
Is CCTV footage a body corporate record?
CCTV footage operated by a body corporate may be a body corporate record, depending on why it is kept and the circumstances in which it was created. The legislation does not expressly say that all CCTV footage is a body corporate record.
Bodies corporate should consider their record-keeping obligations before installing CCTV. This includes deciding what the system is intended to record, how footage will be stored and when it will be deleted. You can read more about CCTV in a strata community.
What fees and timeframes apply to a records request?
Fees depend on what you are requesting and whether you are a lot owner. For schemes covered by the current fee information:
- inspecting records costs $20.70 for a lot owner
- inspecting records costs $39.75 for a person who is not a lot owner
- copies cost $0.75 per page
- no inspection fee applies when you only request copies of identified documents
- a committee member is entitled to reasonable access to inspect records without paying a fee.
Fees and charges are indexed and increase on 1 July each year, so confirm the current amount before making a request. The prescribed fees do not include GST.
A body corporate cannot charge an interested person additional costs for providing the information, such as a separate charge for the body corporate manager’s time. The written request and correct fee are important because the 7-day period runs from receiving both.
If you only want copies, list the documents as clearly as possible. For example, you might ask for the minutes of a particular general meeting, a named contract or invoices relating to a specified repair. This avoids paying an inspection fee when you do not need to search the records yourself.
If you need copies but do not know how many pages are involved, ask the body corporate to tell you the page count before paying. You can also ask for an agreed electronic method of providing the copies.
For a standard records request, the body corporate must allow inspection or provide copies within 7 days after receiving the written request and prescribed fee.
When can access to body corporate records be refused?
A body corporate does not have to provide a document, or part of a document, if it reasonably believes the document contains defamatory material. This is a limited ground for refusing access and should be considered in relation to the material requested.
Legal professional privilege may also protect particular communications and legal advice. For a document to be privileged, it generally needs to be:
- a confidential communication between a lawyer and their client
- created for legal advice or current or planned legal action
- kept confidential by the client.
Not every document mentioning a lawyer will be privileged. For example, an ordinary invoice or administrative correspondence may not contain legal advice. The question is whether the particular document meets the requirements for privilege.
A refusal should identify the reason access is not being provided, where possible. If only part of a document is affected, ask whether the remaining information can be provided with the relevant part removed.
Some schemes have additional rules. Layered schemes, for example, can involve requests to a principal body corporate by a subsidiary body corporate, or by an owner or occupier in another scheme. Access in those circumstances may be limited to particular purposes, such as identifying a person for a by-law dispute.
Specified Two-lot Schemes Module schemes also have different access rules, including a free first request by a lot owner and separate provisions for refusal. Check the module applying to your scheme before relying on the usual fees or process.
What can I do if my records request is refused?
Start by checking whether the request was clear, whether you paid the correct fee and whether the body corporate received it. Ask for confirmation of the documents being withheld and the reason for the refusal.
You can then write to the body corporate to:
- clarify the records you are seeking
- narrow the request to specific documents
- ask whether information can be provided with sensitive or disputed material removed
- confirm whether the refusal relates to privilege, defamatory material or another issue
- propose a reasonable time and method for inspection.
Keep copies of your request, payment receipt, replies and any relevant meeting or correspondence records. This will help if the issue needs further attention.
If the issue cannot be resolved, consider obtaining guidance about the Queensland body corporate dispute-resolution process. Our guide to resolving disputes in a body corporate community may help you organise the next steps. Committee members can also review information about committee meetings when the request relates to committee decision-making or meeting records.
A clear written request, the correct fee and a specific description of the records will usually make access easier. If you need help with a body corporate records request, contact StrataCare at reception@stratacare.com.au.
