#26586
Lady Penelope
Strataguru

    BONNIE L – Without a clearer understanding of what you are hoping to achieve, here is some information regarding access to the Strata Roll, and access to the Tenant.

    As an owner you (or your representative) have a right to see the Strata Roll and ask to take a copy of the Roll, including names and addresses of Owners. There are no privacy laws over-riding the strata manager’s obligation to provide access for you to inspect the Roll. The owners corporation owns this information and the strata manager is only acting as their agent.

    However, there is not an automatic right to inspect phone numbers and private email addresses. You also do not have an automatic right to have this information emailed to you by the strata manager.

    STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 182

    Requests for inspection of records of owners corporation

    182 Requests for inspection of records of owners corporation

     

    (1) Persons who may inspect An owner, mortgagee or covenant chargee of a lot in a strata scheme, 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 made by written notice given to the owners corporation 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,

    The Tenant can be contacted via the Owner, and/or the Tenant’s Real Estate Agent.

    The Tenant has a right to quiet enjoyment. Clearly harassment of the Tenant is not permitted however it would be difficult to claim that a courteous and polite contact would be considered harassment. Common sense should prevail. 

    RESIDENTIAL TENANCIES ACT 1987 – SECT 22

    Tenant’s right to quiet enjoyment

    22 Tenant’s right to quiet enjoyment

     

    (1) It is a term of every residential tenancy agreement that:

    (a) the tenant shall have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (for example, a head landlord) to that of the landlord, and

    (b) the landlord or the landlord’s agent shall not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the tenant in using the residential premises.

    (2) A landlord or a landlord’s agent under a residential tenancy agreement shall not, during the currency of the agreement, contravene or fail to comply with subsection (1).