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I’ve made a formal request to have a copy of the strata roll for my scheme (NSW). I’ve been refused by the strata manager, mainly on the basis that the office is in lockdown and therefore I can’t attend the office to inspect them.
These records are clearly electronic in nature and all communication is done electronically.
It’s this a reasonable excuse to deny? I made a formal request and intend on paying the fee.
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There has probably never been a more important time for strata owners to be able to contact each other. There has also never been a more significant time than right now for strata managers to stop selectively adhering to their rule books.
Getting strata records, like the strata roll, is merely a hoop-jumping exercise. You are entitled to see the records (including email addresses) and they are required to provide them.
Tell them politely to get their heads out of their bums or your next email will be to Fair Trading.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Unless you can show that the strata committee ordered the strata manager to withhold the information, then your beef is with them.
The strata manager misusing the email system to misinform owners is a pretty good reason for needing owners’ contact details.
By the way, it has been established that in courts and tribunals that strata schemes can’t by-pass laws or create by-laws because of something someone MIGHT do.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Here’s a thought. Send the strata manager the email you want to send the other owners. If it’s saying “let’s change strata managers” and they don’t send it out, then it’s a conflict of interest (morally if not legally).
If it’s “let’s elect a new committee”, as long as you don’t make your reasons personal, they have no reason not to send it out and you have blown their grubby allegations out of the water.
Just a simple email saying : “I think we should do such and such, please contact me.” That would give you the moral high ground.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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