Question: Can a principal body corporate executive committee determine a fee for access to body corporate records?
Can a principal body corporate executive committee determine a fee, by the decision of the committee at an executive committee meeting, for access to body corporate records? Integrated Resort Development Act 1987 (IRDA) section 154(1) refers to the “payment of such sum as the principal body corporate may fix by resolution but not exceeding the reasonable cost to the principal body corporate”. Does this mean that only the principal body corporate in a general meeting may determine the fee payable by a proprietor for access to certain records of the principal body corporate?
Answer: The determination of the fee would be a restricted matter and require a general meeting to be set.
Section 162 of IRDA provides that:
- Subject to this Act, the decision of the executive committee on any matter, other than a restricted matter, shall be the decision of the principal body corporate.
Accordingly, the executive committee can make decisions on behalf of the body corporate as long as the decision is not a restricted matter.
A restricted matter is defined in the same section to include:
any matter which seeks to alter the rights, privileges or obligations of members of the principal body corporate
Determining the fee a member is obliged to pay for a records request would seemingly change a member’s obligations. Accordingly, the determination of the fee would be a restricted matter and require a general meeting to be set.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753