Question: I’ve requested to see the new building management agreement before our AGM. The committee states it is a draft and unavailable to owners in that format. Is a draft still a body corporate record? Should owners have access?
Our committee has entered into negotiations with our building manager to create a new building management agreement. I’ve requested to view the new agreement, as it forms part of the body corporate record.
I’ve been told the document is only in draft form and isn’t searchable. Is this correct? Our AGM is in a month, and many of the body corporate members are worried we will have to vote on a document with very little notice.
Also, owners weren’t consulted on whether we wanted a new management agreement, nor was the spending on legal fees approved. The legal fees are more than the spending limit. There doesn’t seem to be any consequences for committees overspending on limits.
Answer: There is no differentiation between whether something is a ‘final’ version or a ‘draft’: a record is a record is a record.
When it comes to body corporate records, there is no differentiation between whether something is a ‘final’ version or a ‘draft’: a record is a record is a record. So my view would be that even if the revised agreement is apparently a ‘draft’, it very likely remains a record and is subject to inspection and access by an interested person.
If you and other owners are concerned you will not have enough time to consider the ‘final’ agreement, then the consequences of that are the motion may end up failing as a result. Perhaps that is something you could highlight to the committee if and when you go back to them to request the ‘draft’ in advance again.
One qualifier I will note here is that if the draft agreement is considered legally privileged, it may be appropriate for the committee to decline access to it. That said, I note that isn’t what they have said so far.
On your comment about committee spending: if the relevant limit has been exceeded, you can challenge that in the Commissioner’s Office. From what you are saying, it may be a systemic issue. If that is the case, your other option is to look at replacing some or all committee members if you think they are not doing their job. There is a process for that to happen, although you do, of course, need to have appropriate people to replace them.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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