Accessing body corporate records under other Acts
A body corporate must keep certain records and allow some people to see and copy those records.
This page sets out who can ask for information from subsidiary and higher-level body corporate records and how the body corporate must supply the information.
If your body corporate does have a CMS recorded, learn about accessing body corporate records and the fees for accessing body corporate records in this case.
Who can get information from a body corporate’s records
You can get information from a subsidiary body corporate’s records if you are:
- the owner or mortgagee of a lot
- a person who has signed an agreement to purchase a lot
- an agent of someone in this list (authorised in writing).
You can see or get information from a higher-level body corporate’s records if you are:
- a member of the community body corporate or precinct body corporate
- a member of the principal body corporate or primary thoroughfare body corporate
- an owner of a lot in a subsidiary body corporate
- an agent of someone in this list (authorised in writing).
Asking for information from the records
If you are entitled to see the records, you must:
Higher-level bodies corporate
Higher-level bodies corporate must determine a reasonable fee for the information. These bodies corporate could use the fees prescribed for subsidiary bodies corporate as a guide.
Principal bodies corporate and primary thoroughfare bodies corporate under the Integrated Resort Development Act 1987 and the Sanctuary Cove Resort Act 1985 may set a fee by committee resolution. The fee must not exceed the reasonable cost of supplying the information.
Community bodies corporate and precinct bodies corporate under the Mixed Use Development Act 1993 (MUD Act) determine a reasonable fee. This can be set by committee resolution.
Read more about the fees for getting information from the body corporate records for a subsidiary body corporate or a higher-level body corporate.
Information you can ask for
Copies of records
You can ask the body corporate for copies of the:
- name and address of committee members and the body corporate manager
- by-laws.
Inspection of records
You can ask to inspect:
- the roll
- meeting minutes
- accounts
- insurance policies
- by-laws
- any other record or document held by the body corporate (including CCTV footage).
Money to be paid to the body corporate
You can ask the body corporate to give a certificate saying how much money must be paid by a particular lot to the body corporate in the current financial year. The certificate should include any amounts due but not paid.
Timeframes
For information
If you ask to inspect the records, you and the body corporate must agree on the time and place of the inspection. If you don't reach an agreement within 3 days of your request, the body corporate must let you know the inspection date and time in writing. The time they choose must be between 9am and 8pm.
Subsidiary bodies corporate must tell you about the inspection date and time within 14 days of receiving your request.
Higher-level bodies corporate must allow you to inspect the records no later than 10 days after receiving your request.
A community body corporate or precinct body corporate under the MUD Act must give a certificate about monies payable for a lot, or the name and address of committee members and the body corporate manager, within 21 days of the request.
For copies of by-laws
After receiving your request, copies of by-laws must be given by:
- subsidiary bodies corporate within 14 days
- higher-level bodies corporate within 21 days.
When records may not be given
A body corporate may be able to keep records confidential because of ‘legal professional privilege’.
To be privileged, the document would need to be:
- a communication between a lawyer and their client
- created for a lawyer as part of legal advice to their client, or to take current or planned legal action
- kept confidential by the client.
A body corporate does not have to give an applicant privileged records if legal action between the body corporate and the committee member has started or is threatened.
The Privacy Act 1998 (Cwlth) and the Information Privacy Act 2009 (Qld) may apply to the body corporate (and its agent).
The privacy restrictions do not apply to information that must be given by law. This means the body corporate cannot refuse to make documents available because of privacy legislation.
