Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 205

205 Information to be given to interested persons

(1) This section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records to an interested person.

(2) Within 7 days after receiving a written request from the interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person—

(a) permit the person to inspect the body corporate’s records—

(i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or

(ii) otherwise—in person at a reasonable time and place nominated by the body corporate;

(b) give the person a copy of a record kept by the body corporate—

(i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or

(ii) otherwise—in the way prescribed under the regulation module applying to the scheme.

Penalty—

Maximum penalty—20 penalty units.

(3) However, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.

(4) The body corporate must, within 7 days after receiving a written request from an interested person accompanied by the fee prescribed under the regulation module applying to the scheme, issue a certificate (a
"body corporate information certificate" ) in the approved form applying to the scheme giving financial and other information about the lot.

Penalty—

Maximum penalty—20 penalty units.

(5) A person who obtains a certificate under subsection (4) may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate, other than to the extent to which the certificate contains an error that is reasonably apparent.

(6) In this section—

"interested person" means—

(a) the owner, or a mortgagee, of a lot included in the scheme; or

(b) the buyer of a lot included in the scheme; or

(c) another person who satisfies the body corporate of a proper interest in the information sought; or

(d) the agent of a person mentioned in paragraph (a) , (b) or (c) .