austlii:qld/QBCCMCmr/2025/283
General information, not legal advice.
QBCCMCmr
2025-08-19
Original judgment source is linked above.
Winchcombe Place [2025] QBCCMCmr 283
The Body Corporate of Winchcombe Place CTS 15441 (respondent)
Body Corporate and Community Management Act 1997 (Qld) (Act), sections 227 and 229(3)(a)
BODY CORPORATE RECORDS - whether the body corporate breached the Act by failing to provide the applicant with access to all body corporate records; whether the records should now be provided.
In accordance with the provisions of s 205 of the Body Corporate and Community Management Act 1997, I request access to inspect the records of the body corporate at the offices of the body corporate manager, Rubicon Body Corporate Services Pty Limited, level 9, 300 Ann St, Brisbane City at 10.00 am on Tuesday, 27 May, 2025.
The records to be inspected include but are not limited to:
1. financial records detailing the receipt and payment of monies received by or paid by the Body Corporate along with any and all documents that support the receipt or payment of those monies along with any minutes, correspondence or other material that deals with the receipt or payment of monies for the period from 1 September, 2023 to the date of inspection; and
2. any documentation including correspondence or other notes relating to unpaid levies and unpaid invoices at the date of inspection; and
"TAKE NOTICE that the body corporate reasonably believes that you have contravened the following by-laws:
30.1 Owners and Occupiers must only communicate and interact with the Body Corporate and other Owners and Occupiers in a reasonable manner and not in any way which may (including, but not limited to) be:
29.1 The owners or occupiers of lots shall not directly instruct any contractors or workmen employed by the Body Corporate unless so authorised.
and that you have done so in the following manner:
b) that he did not need to pay for specified documents to be printed following his inspection of the records.
The right of a person to access records under section 205 is not diminished by the fact that they have previously been given the records or could access them in another way. For example, the fact that a body corporate provides online access to its records not mean an owner cannot ask to inspect the physical records (subject to the COVID-19 regulations) or to be given copies, if they make a written request and pay the prescribed fee. There is also no reason why an interested person cannot request access to the same records more than once.
I accordance with the provisions of s 205 of the Body Corporate and Community Management Act 1997, I request access to inspect the records of the body corporate at the offices of the body corporate manager, Rubicon Body Corporate Services Pty Limited, level 9, 300 Ann St, Brisbane City at 10.00 am on Tuesday, 27 May, 2025.
The records to be inspected include but are not limited to:
1. financial records detailing the receipt and payment of monies received by or paid by the Body Corporate along with any and all documents that support the receipt or payment of those monies along with any minutes, correspondence or other material that deals with the receipt or payment of monies for the period from 1 September, 2023 to the date of inspection; and
2. any documentation including correspondence or other notes relating to unpaid levies and unpaid invoices at the date of inspection; and
(1) making a general request to inspect the records of the body corporate,
(i) financial records detailing the receipt of monies by the Body Corporate,
(ii) financial records detailing the payment of monies by the Body Corporate, and
(iii) all documents that support the receipt or payment of those monies, and
(iv) any minutes, correspondence or other material that deals with the receipt or payment of monies for the period from 1 September, 2023 to the date of inspection.
A body corporate is not required to create or compile a document, extract information from existing records, or source other material to satisfy a request for information. A body corporate is not expected to trawl through voluminous records to identify information which may satisfy a request for information. A person seeking copies of records should clearly identify the documents they seek.
The financial records detailing the receipt and payment of monies received by or paid by the Body Corporate along with any and all documents that support the receipt or payment of those monies along with any minutes, correspondence or other material that deals with the receipt or payment of monies for the period from 1 September, 2023 to the date of inspection.
[1] Winchcombe Place [2024] QBCCMCmr 176
[3] See sections 227, 228, 276 and Schedule 5 of the Act
[8] Winchcombe Place [2024] QBCCMCmr 176
[10] See sections 246 and 244 of the Act, respectively
[12] See section 271 of the Act for the investigative powers of an adjudicator
[13] See sections 227, 228, 276 and Schedule 5 of the Act
[17] Pursuant to section 204 of the Act
[19] Section 224 of the Standard Module
[20] Section 231(2)(b) of the Standard Module
[21] Hillcrest Heights [2017] QBCCMCmr 225, para 13; The Groves No. Four Minyama [2017] QBCCMCmr 371, paras 85-86; Malibu Gardens [2015] QBCCMCmr 422, para 20; Tugun San Simeon [2013] QBCCMCmr 133, para 28.