By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Liability of managing agents where trustees have ignored recommendations

Member’s question:

Good day Paddocks,

If, over a period of many years, a managing agent has been advising the trustees regarding owners’ concerns for a safety issue within a sectional title scheme, and the trustees ignore the problem and implement short-term solutions, rather than dealing with the problem effectively, can the owners hold the managing agents liable for any part of this?

Thank you

Graham’s answer:

Dear member,

No, the owners cannot hold the managing agent responsible. It is the body corporate’s responsibility to maintain the common property and the trustees’ responsibility to make sure this is done. Where trustees ignore a managing agent’s advice to do maintenance, the owners cannot hold the managing agent liable.

The managing agent is the employee/agent of the trustees, and has no right to force the trustees to do what s/he recommends.

Regards
Graham

May owners access body corporate bank statements?

Member’s question:

Hi Graham

Under Section 27 (3) and (4), an owner can request to view BC financial information and make copies. It does not make mention of bank statements. Is the BC obliged to provide copies of the bank statements to an owner, if these are requested?

Graham’s answer:

Dear member,

The provision that covers access to BC financial records is PMR 26(2) and it reads:

(2) On the application of any member, registered bondholder or of the managing agent, the body corporate must make all or any of the books of account and records available for inspection and copying.

I think “…all…records” is wide enough to include bank statements that the BC keeps.

Regards,
Graham

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Article reference: Paddocks Press: Volume 16, Issue 10.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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