#73558
TrulEConcerned
Flatchatter

    Bigpon2,

    Further to points made earlier, I suggest you email your strata manager and other strata committee member to make all the records available to you within 7 days at no cost as you’re on the strata committee.

    Tell them that if they fail to do so, you’ll take the matter to NCAT (no mediation needed for such an issue), where your solicitor will remind the Tribunal of the following cases:

    Legge v Network Strata Services Pty Ltd (SCS) [2013] NSWCTTT45 and
    Walker v The Owners -Strata Plan No. 1992 [2020] NSWCATAP 192

    At NCAT, your strata manager and the other committee member will be shocked to learn that the Tribunal in both cases found that “privacy laws” do not protect information owned by the OC, including but not limited to the strata roll or levy register, whether or not such information is held by a strata manager.

    I repeat, privacy laws do not apply when it comes to strata scheme documentation owned by the OC. While NCAT does not usually award costs, it seems to me that in this situation where you have made the strata manager and other committee member aware of their legal errors and knowing that they continued to obstruct your access to the records, that you may well be awarded costs.

    Best of luck!