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  • #49841
    fight4justice
    Flatchatter

      I was elected Secretary of a strata scheme in NSW recently.  Two weeks ago I requested a copy of the building management service agency agreement from our building manager in my capacity as Secretary for my reference in performing my duties.  But the building manager refused to provide such a copy unless I have the approval of the Strata Committee first.

      Please tell me whether it is necessary to obtain the such prior approval as I understand he knows I am elected as Secretary although there is someone in the strata management company performing the functions of a Secretary.  I remember there is a provision in the strata legislation that a committee member elected as Secretary can always carry out some of the duties as Secretary such as investigating a special issues of concern anytime.  What is the protocol required to obtain a copy of the agency agreement? Do I need a resolution of the strata committee authorising the request?  Should they provide a hard copy or email me a copy?

      All invaluable advice would be much appreciated.

       

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    • #49847
      Jimmy-T
      Keymaster

        Firstly, even as an ordinary owner, you would be entitled to see the building management agreement, or any other agreement, for that matter,  but that would usually be via the strata manager.

        Whether the building manager is required to let anyone see the management agreement directly is another matter, although you would think that the strata scheme secretary would be an obvious contender.

        The simplest way to resolve this is to get the strata manager to show you the agreement, which you are entitled to see as part of your role as secretary.

        Then you might want to look closely at why the building manager was reluctant to let you see it.

        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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