#53522
Jimmy-T
Keymaster
    When he said, “You cannot obtain a copy of the strata roll which contains private information”, so did he mean I cannot make a photocopy or take photos with my phone?

    It’s hard to tell what he meant. There is no obligation on the strata manager to send you a copy of the strata roll but they must let you see and copy all records. As usual with this strata manager, he is only half right.  This is what Fair Trading’s website says:

    An owner or mortgagee, or their authorised person, can make a written request to the owners corporation to inspect the records. The request must be accompanied by the prescribed fee which is currently $31 [plus GST] for the first hour of work.

    The inspection time and place has to be agreed by both parties. If no agreement is reached within three days, the owners corporation can stipulate the time and date by written notice. The inspection date can be no later than 10 days from the date the owners corporation receives the notification.

    Documents can be inspected in person, electronic access or any other ways agreed. You can make copies of the documents but must not, without the consent of the owners corporation, remove the originals from the custody of the owners corporation.

    Obviously from that, you are allowed to make copies of the strata roll and take them with you.

    As far as the hourly rate goes, start the clock when they present you with the  files and you should be done  within an hour.  If they try to charge you excessively for photocopying, use your phone to photograph the files.

    You are entitled to see all records, correspondence and accounts belonging to the Owners Corporation (of which you are a member).  The one exception is correspondence between the OC and its lawyer regarding any case involving you (and even that could be challenged, although I’m not sure you would prevail).

    It is very common for strata managers to refuse to let owners see other owner’s email addresses, citing “privacy”.  They are wrong to do so. As discussed elsewhere on this website and at great length, privacy laws do not apply to strata rolls.

    That means that addresses of other owners, including email addresses, have to be made available to you. A lot of strata owners aren’t happy with this and some are trying to get the law changed, but it’s a fact.

    If the strata manager refuses to let you see the  email addresses, show them a copy of this column which first appeared in the Australian Financial Review.

    And remind them that they have legal responsibility to manage the scheme in accordance with the Act (as per your other posts here and here) – they can’t keep making things up as they go.  If they do, you will be making sure Fair Trading is aware of their breaches.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.