How to get your Body Corporate records back
This can sometimes occur when an administration contract has been terminated by the Body Corporate with a Body Corporate Manager and relationships have soured. Or perhaps a Committee member is no longer being cooperative.
The process to recover your documents is very clearly defined in each regulation module –
- S206 of the Standard Regulations Module.
- S139 of the Small Lot Regulations Module.
- S75 of the Two Lot Regulations Module.
Small Lot and Standard Regulations Module Process
A ‘prescribed notice’ served on the person witholding Body Corporate documents and assets requires that they be returned within 14 days. The notice will need to be a notice of a resolution of the Body Corporate Committee and the nominated receiver of the documents must be the Treasurer or Secretary (Small Lot) or Committee Member (Standard Lot).
Two Lot Module Regulation Process
A written request on the person witholding Body Corporate documents and assets requires that they be returned within 14 days. The written request needs to be from both owners. The documents shall be given to the person nominated in the request.
Normal and Abnormal Body Corporate Contract Termination
The regulation modules prescribe that a Body Corporate Manager has 30 days to finalise the records and return all documentation to the Body Corporate when an administration agreement is terminated. So, normally there is no need to follow the formal 14 day recovery process. However, if relationships have soured and there is no expectation that the records are going to be returned or finalised, then the process described above might be enacted sooner than waiting for the 30 days to expire.
Sometimes, an argument is put forward that the records will be returned after money owing is paid. This has no legislative basis and the records must be returned. You can read a recent BCCM Adjudication case where the records were ordered to be returned despite money being allegedly owed by the Body Corporate to the respondent.
If the order is ignored, enforcement through the courts may be required. The BCCM website has more information regarding that process. A breach of an order is an offence attracting a fine of up to 400 penalty points (currently $30,000).