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I came across Section 62 SSMA 2015 but not sure what it means and what it relates too?
62 Offences
(1) A strata managing agent must comply with a notice to provide information under this Division by giving a written statement, containing the information required, within 14 days after the notice is given.
Maximum penalty: 20 penalty units.
(2) A person is not guilty of failing to comply with the notice if reasonable cause for the failure is shown.
(3) A strata managing agent must not knowingly provide information that is false or misleading in a material particular in a statement given in response to a notice to provide information under this Division.
Maximum penalty: 20 penalty units.
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Strata Managers are required to provide specific information to the owners corporation when a written request is made to do so. This is an endeavour to make the strata managers more accountable.
See below for more information:
https://www.lookupstrata.com.au/accountability-strata-managers-in-nsw/
A request for this information may be sought from the owners corporation. See Sections 58 and 59 for what information may be requested.
The strata committee represents the owners corporation.
Any decision made by the strata committee is treated as a decision of the owners corporation although there are some matters that the strata committee do not have the power to make (eg. fixing levies).
No individual strata committee member can make a decision for the owners corporation.
It is my understanding that an individual Lot owner or an individual strata committee member may not have the authority to request that the strata manager provide this information. It should be a strata committee decision.
There are some situations (e.g. Section 60 commissions and training services) where the strata manager must provide certain information without being asked for it.
@dingo said:
Thanks proudsceptic, would that include a request from a individual committee member or owner or does a request have to come from the whole strata commitee for a Notice?It would help a great deal if you were specific about the kind of information you are talking about.
The information specified in this section of the Act (Part 4, Division 3) is basically financial and is related to funds, commissions and other accountability issues. It requires a request in writing from the committee which must nominate a committee member to whom the information should be provided.
More general information – such as the contents of the strata roll and minutes of strata committee and general meetings – is available to ordinary owners through application to the owners corp and/or strata manager, attendance at their offices, and the payment of fees. This is covered in Part 5, Division 2, with the documents that must be provided detailed in Section 182 (see below).
182 Requests for inspection of records of owners corporation
(1) Persons who may inspect
An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.
(2) Form of request
The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.
(3) Items to be made available for inspection
The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent:
(a) the strata roll,
(b) any other records or documents required to be kept under this Part,
(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation before its first annual general meeting by the original owner or the lessor of a leasehold strata scheme,
(d) if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,
(e) any applicable 10-year capital works fund plan,
(f) the last financial statements prepared,
(g) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,
(h) if a strata managing agent has been appointed, a copy of the instrument of appointment,
(i) if a strata renewal plan has been given to owners for their consideration under Part 10 of the Strata Schemes Development Act 2015, a copy of the plan,
(j) any other record or document in the custody or under the control of the owners corporation,
(k) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, any other records (including records of the strata managing agent) relating to the strata scheme that are prescribed by the regulations,
(l) if a building manager agreement is in force or has been entered into but has not yet commenced, a copy of the building manager agreement,
(m) particulars of any service agreement entered into by the owners corporation,
(n) particulars of any agreement entered into with a local council for a strata parking area,
(o) if the request is made within 5 years after the end of the initial period,
particulars of any orders made under section 27 and copies of any related
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The situation that you described is not ideal. Are you a member of the EC?
If you are then you could send an email to your EC explaining what you would like to happen (e.g. seeking information from the strata manager in relation to Section 58, 59 or 60), and nominate yourself as the person to receive the Notice (see Section 61). Ask that the EC members respond to you by email so that a record of their consent is available if there is ever a problem down the track.
It is important that at the next meeting that you make sure a record of this is noted in the Minutes.
If you are not a member of the EC then try and contact an EC member who may be sympathetic to your idea and is willing to do all of the above.
Obviously you would leave the strata manager out of the EC member email loop. The strata manager does not need to know about your EC member email loop at the deliberation stage.
Procedure for requiring information from strata managing agent
61 Procedure for requiring information from strata managing agent
(1) An owners corporation is to require information from a strata managing agent under this Division by written notice given to the strata managing agent.
(2) The notice must specify a member of the strata committee to whom the information is to be delivered.