Clough and Owners Of Bengara Flats - Strata Plan 5500

The case between Clough and the Owners of Bengara Flats - Strata Plan 5500 involved a dispute over access to records held by the body corporate under section 43(1)(b) of the Strata Titles Act 1985 (WA). Clough sought access to certain records, including those archived prior to 2002, for inspection. The matter was heard by the Civil and Administrative Tribunal in Western Australia. The primary legal issue for the tribunal was whether Clough was entitled to inspect records that were archived before 2002, as well as those held after that year.

The tribunal carefully considered the terms of section 43(1)(b) of the Act, which allows unit owners to inspect certain records. The tribunal noted that the records subsequent to 2002 had been provided, but the focus of the dispute was on the archived material from before that date. The tribunal examined the obligations of the body corporate under the Act and the rights of unit owners to access records. Ultimately, the tribunal determined that the body corporate had not met its obligations under the Act by failing to provide access to the archived records. The tribunal found that Clough was entitled to inspect the archived records to ensure compliance with the statutory obligations.

Following its reasoning, the tribunal ordered that the archived records from before 2002 be made available for inspection by Clough. The tribunal emphasised the importance of ensuring that the body corporate adheres to its obligations under the Strata Titles Act. The decision underscored the rights of unit owners to access records for the purpose of ensuring proper management and accountability within the strata scheme.