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Who can access body corporate records?

In Queensland, any ‘interested person’ has the right to access body corporate records. An interested person can include:

  • A lot owner in the scheme;
  • A mortgagee of a lot, such as a bank;
  • A potential purchaser of a lot undertaking due diligence;
  • Anyone who satisfies the body corporate that they have a proper interest in the records, such as a tenant; or
  • The agent of anyone above.

Applicants must complete a written request to the body corporate and pay the appropriate fee. Within seven days of receiving the written request, the body corporate must permit the person to inspect the records at a reasonable time and place or provide a copy of the record to the applicant. A body corporate risks being fined for failing to allow access to its records.

A body corporate can refuse access to a record if it reasonably believes the document to be defamatory or subject to legal professional privilege.

If there’s any doubt about whether a record should be provided, a body corporate should seek legal advice.

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