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I have a major renovation by law awaiting approval from the SC before its passed onto an EGM for the OC to approve. Last year in March, at an AGM, the OC voted to approve my by law based on certain criteria that we had agreed too.
I was asked to use the OC’s Strata Lawyers to draft my by law. They were given an outline of the work to be done, architectural drawings, a CDC application and the agreed criteria from the March 2019 AGM. They drafted the by law and I submitted it to the SC.
At the last SC meeting in October they said their were aspects of the by law that didn’t match with the agreement made. I asked the SM what the problems were and she said I need wait 2 weeks until the SC had further looked at my by law and advised her.
I made contact this week (after the 2 weeks) and she said the SC wanted to have their lawyers look a a few points. I asked if she could let me know what the problems were. She said she would ask the SC for permission to give me the points that were in contention. She came back and said the SC prefers all communications is via their lawyer.
My question: does the SC have the right to withhold information from an owner when asked for?
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As members of the owners corporation, all owners are entitled to read just about all correspondence with or from the owners corp or strata committee – including even “sealed” court judgements.
The one exception to this that’s generally allowed is communications between the committee and the scheme’s lawyer with regard to a dispute between them and that specific owner.
So the question you need to ask them is this: are you taking legal action against me and if not, can you please inform me in detail what the delay is so I can fix it?
If that doesn’t work, you could apply for mediation with a view to seeking orders under section 188, compelling the strata committee to provided you with information that you are entitled to know. That might stir them into action.
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