#27729
Lady Penelope
Strataguru

    In my opinion the SM are changing their Contract conditions if they begin to ask a fee to access the OC records when previously the contract was entered into with no such conditions. This could trigger a breach of contract claim by your OC.

    If your SM is unhappy with the conditions of their contract then they have an option to seek to terminate the contract.

    Does the SM contract give any guidance as to the methods by which variations in conditions are to be managed? If one of these is to seek OC approval at a General meeting, and your OC was to agree to fees being charged then the fees should apply to all those who are seeking access not just specific people, such as yourself. The issue of fees is not a matter for the committee to decide but is for the whole of the owners to decide at a general meeting.

    The SM should be asked to justify why fees should be imposed on access.

    The OC owns these records. The SM is merely storing them on behalf of the OC. You, as an owner, have a right to access these records. Photocopying of these records is permitted (usually for a fee imposed by the SM for use of their equipment) therefore you should be able to scan or photograph them.

    You shouldn’t need to reveal what you are searching for.

    I am not a lawyer.