Some Body Corporate Managers make it very difficult for lot owners to gain access to other lot owner contact details. This month, we helped an owner who was in just that situation. Simply write to the Committee (c/o the Body Corporate Manager) and state that in accordance with Section 205 of the Body Corporate Act, you request the name, postal address (address for service) and email address (if recorded as part of any list)
of all lot owners. If you want other information, now is the time to ask. A common request would be –
- Notice of Meeting of the last AGM
- A set of the associated documentation distributed for the last AGM
- Minutes of the last AGM
- The current Body Corporate Manager contract of engagement
In this recent adjudication, it was noted that the Privacy Act 1988 does not affect the body corporate’s obligation to disclose records to interested persons. The Privacy Act does not override State legislation that specifically authorises the collection and disclosure of personal information. The following actions are also recommended.
- State that you are an ‘interested person’ because you are the owner of a lot (identify the lot)
- State your contact details –
- email address
- postal address
- mobile phone number
- preferred method contact in preference order
- Send you letter by multiple methods (eg, both post and email)
- Request that they immediately advise the prescribed fee and how it may be paid
- Make the payment immediately and request a receipt
- Request your preference to receive this information by return email (if that is your desire)
- Remind them that the Act requires that they provide this information within seven days
- Advise that you will raise a dispute through the BCCM if no action is taken
- Refer them to the case described above if they are concerned about providing the information