Giving apartment owners access to inspect their Body Corporate’s records is enshrined in Body Corporate law. The purpose is to give transparency to all apartment owners and buyers so they can be assured their body corporate is functioning properly. Ensuring that owners and buyers have access to all body corporate records when they do their inspection, ensures that people person performing the inspection can obtain full knowledge of the facts and issues affecting the Body Corporate, and the strength and weaknesses of its current operations.
There are advantages to doing a full search of the Body Corporate records (rather than accepting a limited form of inspection of the kind that some managers try to impose). Sometimes, the way in which the documents appear within records inform or impart meaning, as is the case when lawyers conduct the 'discovery' process for documents in litigation. There is no obligation to agree to a limited form of inspection.
The types of documents and records a Body Corporate must keep by law, and must make available for inspection by lot owners, mortgagees and buyers of lots (or the respective agents of these eligible people) within 7 days after receiving a written request and payment of the prescribed fee ($18.25 for lot owners / $35.10 for non-lot owners) are:
Financial Records
The Body Corporate’s accounting records and statements of account for each financial year.
Any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices.
Insurance Records
Each policy of insurance the body corporate puts in place.
Contracts
Documents evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent.
Each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law.
Documents evidencing each engagement of a service contractor or authorisation of a letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else.
Correspondence
Correspondence received by the body corporate, and correspondence sent by the body corporate.
Notices given in relation to the community titles scheme by a public authority, local government or other authority.
Orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority.
Committee decision making records
Notices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.
All minutes of meetings of the committee and all associated committee meeting material, meaning:
notices of meetings, including agendas and attachments
committee member proxy appointment documents
notices for resolutions to be passed other than at a meeting, and the responses of committee members
notices of resolutions sent to owners, if the notices are given other than in the minutes of the relevant committee meetings
notices of resignation by committee members
written agreements of committee members reducing the notice period for committee meetings
General meeting decision making records
All minutes of general meetings of the body corporate, and all associated general meeting material, meaning:
notices calling for nominations for committee positions
notices by owners requesting general meetings
notices of meetings, including agendas, hard copy voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices
notices of motion received, including explanatory notes for motions
nominations for election as a committee member
proxy appointment documents
completed voting papers, including ballot papers and secret voting documentation, for motions and election ballots
voting tally sheets or other records showing votes for motions and election ballots
notices of objection by owners of lots to meeting locations
copies of instruments, notices and powers of attorney given to the body corporate under sections 91 , 92 and 93
If a manager is appointed to exercise the functions of the Body Corporate then the following additional records must be kept:
Reports given to members of the body corporate by a body corporate manager acting under a chapter 3, part 5 engagement (if any).
Committee Members have a legal right to reasonable access to their Body Corporate's records without payment of any fee.
At The Nuu Co, we believe owners should have full transparency of their Body Corporate records online, from the comfort of their own home, without any additional cost. That’s why we make all (not just some) of your Body Corporate records available to all owners, all of the time. This blog relates to Bodies Corporate regulated by the Accommodation Module.
References: Regulation 220 and regulation 204 of the Body Corporate and Community Management (Accommodation Module) 2020 and Section 205 of the Body Corporate and Community Management Act 1997