Jimmy is spot on as always. What all Executive Members need to understand is that the Strata Manager only has delegated authority and this is restricted to the authority as laid down in the strata management agreement between the strata manager and the Owners Corporation. What is important is that the OC and in turn the Executive Committee doesn’t give up its own authority in delegating it’s functions.
The main issue is that the Strata Manager is always the servant of the OC and is always under the direction of the Executive committee. Your Strata Manager may need to be reminded who pays their management fees and who is the boss in the contractual relationship.
Chris Mo’ane GMD Integrated Consultancy Group
JimmyT said
Refusal to allow inspection of the strata roll for privacy reasons is total BS and it’s often a smokescreen. Using the ‘privacy’ excuse is not only wrong, it’s often a sign that the property manager either doesn’t know the law or doesn’t want you making contact with the other owners directly (for whatever reason) … or both.ANY owner is entitled to see documents held by the Owners Corporation or their employees or agents (see quotes from Act below) although the request should be in writing, seven days notice must be given and there will be an inspection fee.
The Secretary of the EC is legally obliged to maintain the strata roll (although that’s often delegated to the Strata Manager) at the very least to establish who is entitled to vote and who needs to get notification of meetings etc.
So you could ask the secretary to allow the inspection of the records or, if there’s a problem with the secretary, you could make the request as an ordinary owner.
By the way, refusal by a managing agent to provide the documents in response to a formal request by the EC carries one of the heftiest fines issued at the CTTT. So make no mistake, this ‘privacy’ nonsense isn’t only wrong – it’s illegal.
This is what the Act says:
22 What are the functions of the secretary of an owners corporation?
The functions of a secretary of an owners corporation include the following:
(c) to maintain the strata roll,
(d) to enable the inspection of documents on behalf of the owners corporation in accordance with section 108
OK, so what does Section 108 say?
108 Inspection of records of owners corporation
(1) Who may inspect records?
An owner, mortgagee or covenant chargee of a lot, 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 in writing 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,
And what does the strata roll include?
98 What must be recorded in the strata roll?
(1) There must be recorded in the strata roll in relation to a particular lot:
(a) the owner’s name and an Australian address for service of notices or the name of the owner’s agent appointed in accordance with Part 3 of Chapter 4 and the agent’s Australian address for service of notices …
In conclusion, if you don’t have the support of the EC secretary, you may have to jump through a few hoops and pay a fee to be allowed to inspect (and photocopy) the strata roll, but you do have the right, even if it”s just as an ordinary owner.
P