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[chak]

 

(Option 1: to get the developer to return to finish the defects rectification as order by OFT –FREE

Option 2: to repair the defects with outside builders – pay with special levy )

At the AGM, the Strata Manager and a few Exec CM discussed how to proceed with outside builders only as the Exec CM do not like the developer. All options were mentioned briefly but Option 1 was not discussed.

The AGM minutes read as follow:

Resolved: That the Owners Corporation discuss the status of the defects throughout the Strata Scheme.

Does the above statement constitute a VOTE among the OC for outside builders? The Strata Manager and Exec CM deemed that as a vote of YES for outside builders.

Any advice how to tackle such a situation?

Thanks

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[Jimmy-T]

@chak said:
Can we call an EGM if we have enough unit entitlements between us and not go through the SM?

Requests for an EGM go to the secretary.  This is what the Act says:

The secretary of an executive committee or, in the secretary’s absence, any member of the executive committee must convene an extraordinary general meeting as soon as practicable after receiving a requisition for such a meeting signed by one or more persons entitled to vote in respect of one or more lots, the unit entitlement or the sum of the unit entitlements of which is at least one-quarter of the aggregate unit entitlements.

 

Can an owners request for the Strata Roll on his own or can we as a group with enough unit entitlements (more than a quarter of the total unit entitlements) request for the Strata Roll?

Any owner can ask to see the strata roll.  The strata manager can charge a modest fixed fee ($28??) for showing you the roll and additional charges for photocopying it.

 

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[chak]

Thank you very much to everyone who contributed, extremely helpful. 

I have written to the Strata Management for access to the strata roll and his reply was,’ he will need to write to all owners for permission to let me have access to see the strata roll’. Well, I think based on what I know now, I think he is trying to make it difficult for me. Following instruction here, I will demand to see the strata roll as an owner. Thanks.

Out of interest, is the below statement referring to Strata Roll as well?

Property, Stock and Business Agents Regulation 2003

Part 5 Clause 40 

Managing agent to permit executive committee to inspect records

(1)  A strata managing agent or community managing agent must permit, on demand made at any reasonable time, any member of the executive committee of an owners corporation, community association, precinct association or neighbourhood association for whom the agent acts as managing agent to inspect any records or books of account of the corporation or association.

 

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[scotlandx]

The strata manager is talking rubbish.  You are entitled to see the strata roll and make copies of it under section 108, refer below.  The strata roll must include the names and addresses of the owners, section 98.

Tell the strata manager that he must allow you to see and copy the strata roll, and if he doesn’t you will contact the Department of Fair Trading.

See also this recent case:

https://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2013/45.html

108 Inspection of records of owners corporation 

(1) Who may inspect records?

An owner, mortgagee or covenant chargee of a lot, 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 in writing 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 records or documents required to be kept under Division 2,

(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation at its first annual general meeting by the original owner or lessor,

(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) the last financial statements prepared,

(f) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,

(g) any other record or document in the custody or under the control of the owners corporation,

(h) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, such other records (including records of the strata managing agent) relating to the strata scheme as may be prescribed by the regulations,

(i) if a caretaker agreement is in force or has been entered into but has not yet commenced, a copy of the caretaker agreement.

Maximum penalty: 2 penalty units.

(4) Inspection to take place at agreed place and time

The inspection is to take place at such time and place as may be agreed on and, failing agreement, at the parcel at a time and on a date fixed by the owners corporation under subsection (5).

(5) Time and place of inspection if agreement not reached

If an applicant and the owners corporation fail to reach an agreement within 3 days after the owners corporation receives the application, the owners corporation must immediately send by post to the applicant a notice fixing a specified time (between 9 am and 8 pm) on a specified date (not later than 10 days after the owners corporation receives the application).

(6) Copies of documents may be taken

A person entitled to inspect a document under this section may take extracts from, or make a copy of, the document but must not, without the consent of the owners corporation, remove the document from the custody of the owners corporation.

 

 

 

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[chak]

Thanks a million scotlandx. 

I have written to the management quoting the sections under the Act. Immediately he turned around and invite me to phone for an appointment. When I did, I got the run around, “we’ll call you back in an hours time with the time” After 2 hours 45 mins, I called them again and hundred of excuses, follow by we will call you back before the end of business today. I asked, “are you trying to prevent me from viewing the strata roll” “no, no, no” 10 mins later they called to fix the time. 20 mins later they called to change the time. This time I got them to confirm the time via email. Why are they preventing owners from viewing and making copy of it?

Have no clue about the strata roll, please advice which sheets should I copy if I want only the updated details of all unit owners? Do they all display on one sheet? Thanks

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[Kangaroo]

Chak,

Strata Rolls can take many forms.

In the old days, they were an exercise book or a loose leaf binder with information written in for each owner (or tenant), usually with old entries simply crossed out.

These days they could still be a hard-copy loose leaf binder with section 118 and 119 certificates filed in each lot’s tab.

Or they could be on their computer.

Just ask for the Strata Roll to be placed in front of you or to be given access to it on their computer. Then you’ll know what to do.

But, do not ascribe to malice that which is adequately explained by stupidity.

The SSMA spells out the information which you have a right to see. It includes the Owner’s name and address.

However, some (most?) Strata Managers record extra information in the Strata Roll such as telephone numbers and e-mail addresses.

As the SSMA hasn’t yet recognised the telephone, let alone e-mail, it doesn’t explicitly give you the right to see those.

So the Strata Manager gets all afraid that they’ll be breaching the Privacy Act if they let you see a Strata Roll which includes such stuff.

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[chak]

Thank you very much for all your replies. 

Finally got to view the strata roll, they have made copies and stapled, ready for me and not the original. It has name and if leased, the leasing agency. No phone numbers nor any emails addresses. I supposed with the privacy law. Able to view the rest of records on the computer.

Read up on the Act but found it slightly confused about Who can vote?

Married couple and only the husband’s name appear on the strata roll. What is the legal implication on his wife with regards to voting and holding position in EC or have a say on motion?

I found out from searching through the records, initially she was not married but was holding EC position as Treasurer and was signing off contracts on behalf of OC?

 

 

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[scotlandx]

The strata roll must contain names and addresses for the owners.  Note the address does not have to be where they live, it is an address for the purpose of service of strata correspondence etc.  So if you were not given the addresses you should ask for them.  Email addresses and phone numbers are not recorded in the strata roll.

The person/entity who can vote is the person recorded in the strata roll, i.e. the owner.  An owner can give another person their proxy for the purposes of voting, and they can also nominate another person to be a member of the EC.  So there is no issue with an owner giving his wife a proxy to vote at an AGM, or nominating her to be an EC member.  It wouldn’t matter if they were married or not, so if the proper procedures were followed there is nothing wrong with her being on the EC and being Treasurer.

In terms of signing off on contracts, again provided she had the delegated power to do that, then there is no issue.  You could ask to see the records of any decision giving her the authority to do that on behalf of the EC/OC.

 

 

 

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