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Thanks a lot for all your comments! I want to ask another question RE the AGM itself. Usually it is conducted late in the year, but this year, under such circumstances (lockdown, etc), it was scheduled way ahead of time, in less than 10 days’ time.
AGMs can be conducted at any time provided there is one every financial year. I wouldn’t read too much into the timing.
Today the owners received an email from the strata manager asking us to update our contact details according to The Public Health (COVID-19 Self-Isolation) Order (No 3) 2021, commenced on 28/09:
https://legislation.nsw.gov.au/information/covid19-legislation/self-isolation
That order applies to strata schemes that have been identified as high risk or at risk from covid infection. Your strata manager was entitled to ask for contact details but under the Strata Act Section 178 – which applies at any time.
The confusion may arise from a letter sent out by Chief Medical Officer Kerry Chant a couple of weeks ago, telling strata managers to update their records and close down strata gyms. This was well-intentioned but a bit off the beam. The idea was so that the authorities would know who was in any building that had a covid break-out … but then didn’t really address the buildings that don’t have strata managers.
The simple fact is that you are supposed to keep your strata roll up to date anyway, and if asked to do so by the committee, the strata manager is entitled to ask for the details. There’s nothing sinister in any of this (apart from your strata manager citing an irrelevant Public Health Order instead of the strata Act).
Currently there are only 2 members in the committee. We are a small scheme, fewer than 15 owners. Most owners are investors and usually don’t attend AGM. So basically they decide everything. I tried to join the committee last year, but the committee and the strata manager used some excuse to exclude out of it, since I was new to the strata and strata rules. I want to talk to other owners, but it was nearly impossible to obtain other owners’ contact details.
You are entitled to see all documents held by the strata manager on behalf of the scheme, this includes the names, addresses and email addresses of the other owners. They will try to cite privacy which is utter BS. Privacy laws don’t apply to small strata schemes (even fairly big ones).
I would also be very interested in who nominated the incumbent members to the committee. If they are co-owners they can’t self-nominate.
According to the above Public Health (COVID-19 Self-Isolation) Order (No 3) 2021, it seems that every owner should have each other’s contact details during the pandemic. Am I right?
No. You’re wrong. This has nothing to do with that PHO. However owners have the right to ask for and receive each other’s contact details if they want them at nay time, covid or not.
But we haven’t been told to update contact details during the worst time of the pandemic. Now we were asked to do so, and in such a short notice to have our AGM.
I live by the maxim that you should never ascribe to malice anything that can just as easily be explained by incompetence.
The government has dragged its feet in dealing with strata as a special (and highly vulnerable) case. They are just playing catch-up. I would guess this may be no more than your strata manager trying to get the small schemes out of the way before the big ones start rolling in and everyone is able to attend them.
So now I want to request the AGM to be scheduled at a later date, since the notice is very short as I mentioned above. I want to ask how to deal with this urgent issue. I will email to request rescheduling, but my guess is they will ignore my request and just go ahead.
Ask for the AGM to be delayed until such times as owners can attend – which will be reasonably soon – or, failing that, repeat your request for the email addresses of the other owners as a matter of urgency. If they cite privacy, tell them this is nonsense. The Privacy Act doesn’t apply to corproations with a turnover of less the $3 million a year. You are entitles to the name, addresses and email addrss of anyone and everyone on the strata roll.
Since this is planned as a virtual AGM, there is no cost attached to postponing it as there is no requirement to hire a room.