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We have been through tribunal with our Strata Committee and the Tribunal have ordered an expert be brough in to access the damage to our apartment due to water leak from ceiling. However, the Strata Committee is not willing to share the ABN no. of the company they are engaging in for us to determine if they are experts enough. Do we have a right to know who they are bringing in?
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You have a right to see any correspondence between the strata committee, and the strata manager acting on their behalf, and anyone else. You may, however have to pay a nominal fee of around $30 and attend the strata manager’s office to do so.
The only exception to your right to see correspondence might be if it was between them and their lawyer in a dispute with you. In this case, they may say it’s “commercial in confidence” but that is utter BS. You are contributing to the bills via your levies so you are entitled to see them.
I presume you think there is something fishy about their relationship with the firm they have contracted to do the work. Their secrecy does nothing to diminish that.
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.
Are you qualified to determine who is an expert?
The tribunals order is to command the committee to get someone to investigate the problem and find a solution. It’s reliant on the committee to engage an appropriate person because unless the cause of the leaks is found and repaired the problem still exists and is a pain point for the committee.
Clearly the tribunal is on your side and the expectation is that the committee will fix the problem. Otherwise you and them are just back in front of the tribunal.
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