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    Topic
  • #9653
    claire
    Flatchatter

      We are currently in the process of applying for adjudication in relation to us being denied approval to keep our dog.

      I found out yesterday that The Strata Manager had sent out letters to all resisdents in our block, except for us – unfortunately the person who told me hadn’t opened the letter as it was addressed to their landlord – but they had been told by a member of the EC that it was about us and the fact that we have a dog

      Can they send out letters about us without at least informing us first?

      Do we have any right to respond to the letter and its contents?

      We have been struggling since May with this issue – the Strata Manager practically refuses to respond to our emails, we asked to meet with the EC, they never responded – we applied for and paid for mediation – they refused.

      Any advice would be greatly recieved

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #22151
      Cosmo
      Flatchatter

        Claire, from reading your post I assume you moved in with a dog without getting permission, would that be correct?  If you have, you probably need to show a bit of contrition as you should have sought approval prior to moving in.  So the EC may be a little off side defensive.  

        If the answer is no, the Owner’s Corporation should supply you with reasons why and you consider the reasons ‘unreasonable’ can dispute them. 

        #21864
        claire
        Flatchatter
        Chat-starter

          Hi Cosmos – this isn’t really relevant to my question.

          I was asking that regardless of circumstances, can a strata manager send letters to all the residents of a block, except for the residents involved, without informing them or letting them see what is being written, giving them a chance to respond? 

          Also to clarify, we did everything we possibly could before paying the deposit on our apartment (In terms of seeking approval). Before we moved in, the strata manager said that he would ask the EC to reconsider their decision and get back to us – in what turned out to be a habit of his, we had to chase him for this decision 5 weeks later – by which time we had no alternative but to move in with our dog.

          And so for these reasons I don’t believe even a small amount of contrition needs to be shown – but thank you anyway for your reply

          #22155
          Cosmo
          Flatchatter

            Claire, hi and it sounds like you took all the precautions available to you I was just checking as from your original post it wasn’t clear.  

            As for the correspondence being selectively sent. I know of no rule against it but it does sound a bit secretive and (to use a legal term) “a denial of natural justice” to not let you know of its full contents.

            #22156
            scotlandx
            Strataguru

              Yes they can send a letter about you without telling you.

              You can always ask for a copy of it.  You’re an owner, you’re entitled to see it.

              They may try and claim privilege or something like that, but a letter like that doesn’t fall within that category. (unless it contains legal advice, and I doubt it)

              #22158
              claire
              Flatchatter
              Chat-starter

                Thank you both for your responses – a great help!!

                I have just asked for either copies of the letters or confirmation that nothing has been sent – in writing, so we can keep it for our records.

                I doubt the Strata Manager will reply – but thats another story….

                #22174
                Mr Strata
                Flatchatter

                  Hi All,

                  if your strata manager is not providing you with copies of correspondence, and something has been sent to all other owners, you are entitled to invoke your rights under the act to inspect the books and records of the owners corporation (section 108 of the act)

                   

                  mr s

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