Question: When we request access to records, our BCM says, ‘Go to the Commissioner’s Office’.
Whenever we ask our body corporate manager (BCM) for a copy of a body corporate document, their response is ‘Go to the Commissioner’s Office’. As a committee member, I should have reasonable access to records free of charge within seven days.
The manager still refuses to provide access even when we have paid for documents. Instead, we have to pay a considerable amount and go through conciliation, then maybe adjudication, which can take a year. The BCM is not issued a penalty; hence, there’s no deterrent. What a great system.
Answer: If the committee is not doing their job, it is your job to ensure oversight of them.
I can hear your irritation, and I daresay if it were me in the same situation, I’d feel that way too.
That said, I think a few points of clarification are needed here:
- Strata managers are not decision-makers. The committee is
- Strata managers are not regulated or licensed in Qld
- Accessing records is, in my experience, one of the most misunderstood (or misapplied) parts of Qld’s strata legislation
- I can assure you the Commissioner’s Office does not enjoy handling applications of this nature. It is a waste of their time and precious resources. That said, adjudicators have no power to impose a penalty on either the manager or committee. Nor are there any body corporate police enforcing the legislation
If the manager in question is a Strata Community Association (Qld) member, you can – and probably should – lodge a complaint with that body about their alleged conduct.
Otherwise, I think your frustration here is best directed in two ways. Firstly, regulators. If managers were regulated and there were consequences for their non-compliance, they would be far less likely to do what you describe. A State Election is coming in a few months; perhaps it is time for you (and anyone else who feels similarly) to voice concerns to candidates about strata issues. Millions of people live and invest in strata, after all.
Secondly, turn your attention to your fellow owners and the committee. If the committee is not doing their job, it is your job to ensure oversight of them. You do that by nominating and being part of proactive change. Or you campaign – with the support of other owners – for the change you want. These actions are in your hands, no-one else’s, and it is a call for you to make as to how much time, energy and resources you want to devote to this cause to protect and enhance the value of your investment.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898