QLD: Is direct correspondence between the secretary and chair a body corporate record accessible to owners?

Question: Should correspondence between the secretary and the chair directly NOT via the body corporate manager be available for inspection by an interested person?

1. Is correspondence between the body corporate manager and the committee considered as correspondence sent and received by the BC? This correspondence includes instructions by the chair giving to the body corporate manager. Should this be available for inspection by an interested person?
2. There is correspondence between the secretary and the chair directly NOT via the body corporate manager. Is this correspondence accessible for inspection by an interested person? How would we identify this correspondence is occurring?

Answer: Owners are entitled to speak to each other outside of the formal body corporate context.

1. Correspondence received via the BCMs office should be filed as part of the body corporate records and be available to someone doing a search of those records. Depending on the issue, some correspondence may be considered legally privileged and filed with limited access.
2. No one can control private email correspondence and owners are entitled to speak to each other outside of the formal body corporate context. However, formal decisions could not be made in that informal context.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924