Canecia,

Thank you for your email.

However you appear to consistently,

A. Make false statements B. Not answer my questions C. Do not do what I ask D. Misinterpret legislation F. Confuse simple issues

A. Make false statements

You have finally given me the The premium paid for the Body Corporate insurance. But you follow that with “Please refer to the AGM Notice & Minutes which also document this information”

I have carefully read both the AGM notice and the minutes, and can find no mention of the premium paid in either document. In case I have misread both those documents, can you indicate where in these documents the $43,980.00 premium is shown?

In your email of 10 Sept 2024, 1:00 pm, in relation to the premium paid you wrote “This is located on the COC”. It was not.

In your email of 10 Sept 2024, 1:00 pm you wrote, “but does not explicitly extend to all owners in the scheme”. You now, after my quoting the specific sections of the act, acknowledge that it is explicit.

B. Not answer my questions

I ask you if the previous, provision to me, of the owners roll, was incorrect. You have not answered that.

In relation to the owners roll I stated “Unless you can show me some other part of the act that specifically says I'm not entitled to it, then proved it to me. You have not provided it to me and you have not shown me any other legitimate part of the act.

I stated, “If someone in the committee of the body corporate are asking Eagle to withhold information from me, then please say so. If not, provide me with the information I asked for. As you have not provided me what I asked for, you have not told me if someone on the committee are asking Eagle to withhold information from me.

I asked “How does this not explicitly extend to all owners in the scheme?” You did not EXPLICITLY answer that question.

C. Do not do what I ask

On Wed, 7 Aug 2024 I asked for the latest owners register including email address. You have not provided it. You have also not said you will not provide it. So please provide it to me.

D. Misinterpret legislation

You have admitted that you have misinterpreted legislation. See above.

In you last email you put inside quotation marks what you say is section 205(1).

But section 205(1) states:

”(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”

The link to it is here:

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/bcacma1997388/s205.html

I can not find anywhere in section 205 your words “subject to reasonable conditions imposed by the body corporate.”

Perhaps I'm looking at the wrong act or you are quoting a regulation or the incorrect section number. If so please indicate so?

Even if your quoted wording did exist, I as a member of the body corporate are saying to you, a non member of the body corporate, to give me a copy of the owners roll. That is reasonable.

It is not that the privacy Act, may not apply, it does not apply. See below, Adjudicator orders in Club Lodge CTS 1137

To imply because of privacy legislation, that does not apply, somehow puts an obligation on Eagle, is drawing a long bow. Again see the club Lodge adjudicators orders, below.

F. Confuse simple issues

You stated “The body corporate committee, in this instance, may set specific procedures or restrictions in place for the access and dissemination of personal information”, under your paragraph on privacy legislation. I assume your statement relates to privacy legislation? This appears to be a statement of your on creation, that is not supported by any legislation.

Your statement: “However, in the absence of any instruction from the committee to provide this information, Eagle must continue to comply with the reasonable conditions imposed”, is completely illogical. If ther are no conditions imposed by the committee, then ther is nothing for Eagle to comply with other than to provide me with the owners roll.

Adjudicator orders

I strongly suggest you read and understand this:

Club Lodge CTS 11377

https://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2010/223.html

What I want to happen.

Email me with the owners roll with all the relevant contact information.

Thanks Geoff Greig

On Wed, 25 Sept 2024, 3:55 pm Canecia (CJ) Sims, cj@eaglebodycorporate.com.au wrote: Hi Geoff,

Thank you for your email.

The premium paid for the Body Corporate insurance for 2024/ 2025 was . Please refer to the AGM Notice & Minutes which also document this information.

I would like to provide further clarification based on the Body Corporate and Community Management Act (BCCM) of Queensland.

To address your enquiry regarding Section 205 of the BCCM Act:

Section 205 of the BCCM Act does outline the entitlement of an “interested person,” which includes an owner or mortgagee of a lot, to inspect certain body corporate records, including the owners roll. However, it is essential to note that Section 205(1) states that the interested person is entitled to inspect, and obtain copies of, the body corporate records “subject to reasonable conditions imposed by the body corporate.”

This means that while access to the owners roll may be granted, the body corporate retains the discretion to impose reasonable conditions on how, when, and under what circumstances this information is provided, to ensure compliance with the Act and the privacy of owners.

Regarding your reference to privacy legislation, while it is true that the body corporate itself is made up of the owners, entities like Eagle Body Corporate act on behalf of the body corporate and are subject to both body corporate legislation and privacy laws in Queensland. The Privacy Act 1988 (Cth), while it may not apply directly to the body corporate in every circumstance, does guide how managers must handle personal information, including sensitive data such as contact details on the owner’s roll.

The body corporate committee, in this instance, may set specific procedures or restrictions in place for the access and dissemination of personal information within the scheme. If these decisions have been made by the committee, we, as managing agents, are required to follow them.

However, in the absence of any instruction from the committee to provide this information, Eagle must continue to comply with the reasonable conditions imposed.

Warm Regards,

Canecia (CJ) Sims​​​​ General Manager

07 3517 1900
0477 982 401
cj@eaglebodycorporate.com.au
www.eaglebodycorporate.com.au

206 Logan Road ​Woolloongabba QLD 4102

​Office Hours: Monday to Friday, 9:00 am to 4:30 pm For emergency Strata maintenance issues outside of office hours, please contact AK Blair (for plumbing related concerns) on 3394 4575 or Austnet (for electrical related concerns) on 0433 911 110. Legislation requires any works to be signed off by your Committee so an upfront call out fee may be payable prior to attendance and refunded by the body corporate if a body corporate maintenance issue. This message is intended solely for the addressee. It is confidential and may be legally privileged. If you are not the intended recipient, any disclosure, copying or distribution of the message, or any action or omission taken by you in reliance on it, except for the purpose of the delivery to the addressee, is prohibited and may be unlawful. Please immediately delete it if you have received it in error. Thank you. From: Geoff Greig geoffreykgreig@gmail.com Sent: Friday, September 20, 2024 9:03 AM To: Canecia (CJ) Sims cj@eaglebodycorporate.com.au Subject: Re: ALGESTER GARDENS CTS 23859 | Request re insurance and latest owner list

External Email

Canecia,

I have carefully read the Certificate Of Currency (COC) you attached to your email and the one you previously sent me. They appear to be identical.

They do not show the total premium paid. In case I missed it, I got another person to

carefully read them and they also can not see the total premium paid.

Perhaps we may not have a common understanding of what the total premium is. To me is the amount paid to the insurance company for them to provide the insurance cover.

Based on my definition of it, please provide me that information.

The owners roll.

You acknowledge that Eagle did prove me with the owners roll previously and that the legislation has not changed since then. But you have not indicated if the previous provision was incorrect. Please do so.

Although you have provided me with incorrect interpretation of Section 205 of the Body Corporate and Community Management Act (BCCM), see below, nothing in your interpretation provides a reason to deny me of copy of the owner's role.

Unless you can show me some other part of the act that specifically says I'm not entitled to it, then proved it to me.

In relation to non body corporate privacy legislation. This applies to how an entity collects, stores, uses and disposers of information it obtains about people external to itself. I and other owners are the body corporate. Therefore it is not up to the discretion of Eagle as to how information is disseminated within the body corporate.

Eagle are holding information on behalf of the body corporate, therefore this is our information. The owners are the body corporate, not Eagle.

If someone in the committee of the body corporate are asking Eagle to withhold information from me, then please say so. If not, provide me with the information I asked for.

Your incorrect interpretation of Section 205

The Act section 205 Subsection 6(a) states

“interested person” means—

  the owner, or a mortgagee, of a lot included in the scheme"

How does this not explicitly extend to all owners in the scheme?

Thanks

Geoff Greig

On Tue, 10 Sept 2024, 1:00 pm Canecia (CJ) Sims, cj@eaglebodycorporate.com.au wrote:

Good Afternoon Geoff,

Insurance Policy with CHU:

Regarding your request for information on financial or other benefits that Eagle Body Corporate, its personnel, or any associated entities have received or are entitled to receive as a consequence of the insurance policy between the body corporate of Algester Gardens and CHU, I can confirm that Eagle Body Corporate does not receive any direct or indirect financial benefits from this insurance arrangement. This includes commissions, rebates, or any other incentives.

Total Premium Paid:

This is located on the COC (sent in previous email) attached:

Policy 1 – Insured Property

Building: $20,854,721

Common Area Contents: $206,895

Loss of Rent & Temporary Accommodation (total payable): $3,128,208

Owner's Roll:

Concerning your query about the owner's roll, I understand that you received the owner's roll from Elton Morkel on 4 September 2023. Since that date, there have been no changes to body corporate legislation that alter an owner's entitlement to receive the roll. However, access to the owner’s roll is governed by Section 205 of the .

Section 205 outlines that access to the roll is restricted to “interested persons,” as defined in subsection 6, which typically includes committee members, prospective purchasers, or their agents but does not explicitly extend to all owners in the scheme. The Act does not differentiate between committee members and non-committee owners in terms of access, but it also does not provide automatic entitlement for owners to receive the roll without being classified as an interested person under the Act.

Additionally, while you mentioned privacy legislation, it is important to note that body corporate records are subject to the relevant privacy considerations and confidentiality obligations, which guide how information is distributed and to whom.

If you require further clarification or have additional questions, please let me know, and I will be happy to assist.

Warm Regards,

Canecia (CJ) Sims​​​​

General Manager

07 3517 1900

0477 982 401

cj@eaglebodycorporate.com.au

www.eaglebodycorporate.com.au

206 Logan Road ​Woolloongabba QLD 4102

​Office Hours: Monday to Friday, 9:00 am to 4:30 pm

For emergency Strata maintenance issues outside of office hours, please contact AK Blair (for plumbing related concerns) on 3394 4575 or Austnet (for electrical related concerns) on 0433 911 110. Legislation requires any works to be signed off by your Committee so an upfront call out fee may be payable prior to attendance and refunded by the body corporate if a body corporate maintenance issue.

This message is intended solely for the addressee. It is confidential and may be legally privileged. If you are not the intended recipient, any disclosure, copying or distribution of the message, or any action or omission taken by you in reliance on it, except for the purpose of the delivery to the addressee, is prohibited and may be unlawful. Please immediately delete it if you have received it in error. Thank you.

From: Canecia (CJ) Sims cj@eaglebodycorporate.com.au Sent: Friday, September 6, 2024 8:23 AM To: 'Geoff Greig' geoffreykgreig@gmail.com Cc: Ellie Batchelor ellie@eaglebodycorporate.com.au Subject: RE: ALGESTER GARDENS CTS 23859 | Request re insurance and latest owner list

Good Morning Geoff,

Thank you for your email.

I have just returned from annual leave and will respond to your email in full as soon as possible.

Warm Regards,

Canecia (CJ) Sims​​​​

General Manager

07 3517 1900

0477 982 401

cj@eaglebodycorporate.com.au

www.eaglebodycorporate.com.au

206 Logan Road ​Woolloongabba QLD 4102

​Office Hours: Monday to Friday, 9:00 am to 4:30 pm

For emergency Strata maintenance issues outside of office hours, please contact AK Blair (for plumbing related concerns) on 3394 4575 or Austnet (for electrical related concerns) on 0433 911 110. Legislation requires any works to be signed off by your Committee so an upfront call out fee may be payable prior to attendance and refunded by the body corporate if a body corporate maintenance issue.

This message is intended solely for the addressee. It is confidential and may be legally privileged. If you are not the intended recipient, any disclosure, copying or distribution of the message, or any action or omission taken by you in reliance on it, except for the purpose of the delivery to the addressee, is prohibited and may be unlawful. Please immediately delete it if you have received it in error. Thank you.

From: Geoff Greig geoffreykgreig@gmail.com Sent: Monday, August 26, 2024 8:17 AM To: Canecia (CJ) Sims cj@eaglebodycorporate.com.au Subject: Re: ALGESTER GARDENS CTS 23859 | Request re insurance and latest owner list

External Email

Canecia (CJ) Sims,

I will be more specific as to my request for parts the information I previously asked for.

Please inform me of any financial or other benefits that Eagle Body Corporate, or any of its personal or any entity associated with Eagle body corporate, has previously, received or is entitled to receive from any person or entity directly or indirectly as a consequence of the insurance policy between the body corporate of Algester Gardens and CHU?

I did not ask for a certificate of currency. However some, by not all, of what I asked for was contained in that document.

What is not contained is the total premium paid. Please provide that?

Re owners roll:

On 4 Sept 2023, 8:56 am I received a email from Elton Morkel with an attached owners roll. Can you please inform me, what has changed in body corporate legislation since that date, that make you feel that I am no longer entitled to receive what I previously received?

Please quote the specific sections of the legislation?

As per your reference to Section 205 of the BCCM, it makes no mention of owners or the destination between committee members and non committee owners as articulated by yourself. It only refers to interested persons as defined in subsection 6.

I am not requesting the roll as a interested person. I am requesting it, as an owner.

Also please also do not refer to generate privacy legislation, as these only apply to entities that have turnovers beyond a specific amount, so does not apply to the body corporate of Algester Gardens.

Thanks

Geoff Greig

On Fri, 23 Aug 2024, 11:50 am Canecia (CJ) Sims, cj@eaglebodycorporate.com.au wrote:

Good Afternoon Geoff,

Thank you for your email.

Please find attached the Certificate of Currency 2024-2025 for ALGESTER GARDENS CTS 23859.

I confirm that Eagle Body Corporate receive $0.00 commissions.

Regarding your request to access to the Owners Roll for ALGESTER GARDENS CTS 23859, we understand that transparency and access to information are important to all lot owners. However, we must also adhere to the legal obligations set out under the Body Corporate and Community Management Act 1997 (BCCM Act) and the associated regulations.

According to the BCCM Act and the Privacy Provisions contained within it, the Owners Roll is a confidential document that includes sensitive personal information such as lot owner contact details. Access to this document is restricted to protect the privacy of all lot owners.

In line with Section 205 of the BCCM Act, the Body Corporate must ensure that personal information is only used for purposes directly related to the management and administration of the body corporate. As such, while committee members may access the Owners Roll for specific and legitimate purposes, non-committee members are generally not entitled to receive or view this information unless there is a clear and justified reason under the Act.

If you have a specific matter or concern that requires attention, we encourage you to outline the details, and we will work with the committee to address it appropriately within the boundaries of the law.

Please feel free to reach out if you have any further questions or need assistance with any other matters.

Thank you for your understanding and cooperation.

Warm Regards,

Canecia (CJ) Sims​​​​

General Manager

07 3517 1900

0477 982 401

cj@eaglebodycorporate.com.au

www.eaglebodycorporate.com.au

206 Logan Road ​Woolloongabba QLD 4102

​Office Hours: Monday to Friday, 9:00 am to 4:30 pm

For emergency Strata maintenance issues outside of office hours, please contact AK Blair (for plumbing related concerns) on 3394 4575 or Austnet (for electrical related concerns) on 0433 911 110. Legislation requires any works to be signed off by your Committee so an upfront call out fee may be payable prior to attendance and refunded by the body corporate if a body corporate maintenance issue.

This message is intended solely for the addressee. It is confidential and may be legally privileged. If you are not the intended recipient, any disclosure, copying or distribution of the message, or any action or omission taken by you in reliance on it, except for the purpose of the delivery to the addressee, is prohibited and may be unlawful. Please immediately delete it if you have received it in error. Thank you.

From: Geoff Greig geoffreykgreig@gmail.com Sent: Wednesday, August 21, 2024 2:26 PM To: Eagle Body Corporate Reception reception@eaglebodycorporate.com.au Subject: Re: Request re insurance and latest owner list

External Email

Eagle person,

I have not got I asked for in my previous email.

Please do as I asked or tell me why you are not able to

Thanks

Geoff Greig

On Wed, 7 Aug 2024, 2:31 pm Geoff Greig, geoffreykgreig@gmail.com wrote:

Eagle person

I am the owner of Unit 35 at Algester Gardens.

Please supply:

The name of the current insurer for the Body Corporate, when the cover is for, what the total sum insured is, what was the total premium paid and how much commission was paid to Eagle?

The latest owners register including email address.

Thanks

Geoff Greig