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Topic
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This is a strata in NSW.
When the Strata Manager was asked for a copy of the roll, they reluctantly passed it on, probably concerned that Owners may be contacted to get rid of the Strata Manager.
The strata roll has some errors in that some units show different Owners than the persons who do actually own them.
Also many estate agents who manage the properties are not listed.
With an AGM coming up, the agendas will not reach the proper Owners and how will this effect the voting and will the AGM be legal?
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Replies
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Felix – the detail on the Strata Roll is customarily updated when the Owners Corporation (Secretary) receives properly completed Notifications under any of Sects. 118, 119, and 120 of the NSW Strata Schemes Management Act (1996)
Those Notifications are required respectively whenever a Lot changes ownership and a different person has an “interest”, when a Lot is leased, and when a mortgagee is in possession of a Lot, and in my experience each Notification needs some degree of follow-up by the Secretary or Strata Manager; less so with solicitors / conveyances acting for purchasers (for the S118) but particularly so with Property Managers (for the S119) and Mortgagees (for the S120) who are typically “slack” in providing those.
If the Secretary (or Strata Manager) is aware or is made aware that the details regarding Proprietor/s on the Strata Roll is incorrect, such as when a Lot is sold and a S118 Notification has not been received, then at a cost of around $12 an on-line search of each Property Title can be made on the NSW Land & Property Information website, and the details shown there can be relied upon to update the Strata Roll as necessary.
So far as your upcoming AGM is concerned, it’s the role of your Executive Committee Secretary (or Strata Manager if so delegated) to send the Owners Corporation’s correspondence, including Meeting Agendas, to all persons then shown in the Strata Roll as having a voting “interest” in each Lot, and if any of that detail is at that time incorrect, then whilst that’s not ideal as persons not shown would be denied a vote, your upcoming Meeting would be legal.
However, your Owners Corporation shouldn’t waste too much time in ensuring that any errors and omissions in the Strata Roll are corrected by any of the means that I’ve outlined; and if it can do that prior to distribution of the upcoming Agenda, all the better.