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My partner who is the owner of the lot and former Secretary, has requested the a copy of the strata roll. He asked for it to be sent to him in electronic form, attached to an email. This is how he received it in the past.
The response which has taken over a month, has been to tell him that as he is no longer Secretary he would not be sent the Roll in electronic form but he is entitled to come into the office to inspect it. The office is more than 5 klm from our home and his health is such that he does not want to take up that option.
It seems designed to frustrate and has certainly made him very angry.
This year for the second year the notice for the AGM asserts that the entire AGM will be conducted “wholly by pre-meeting vote” and “by email”. It does not call for nominations for the Strata Committee, as the SSMA requires. It simply asserts that the strata committee will roll over, because an election cannot be conducted by pre-meeting vote. Last year I let this slide. There seems to be some very peculiar and contorted thinking around “business continuity” for OC, and this is just one example.
I realise that I am raising two issues here but you can see the inter-linkage.
Just interested if anyone else has solve the Roll by email problem. It is very clear that this information is not protected by privacy law and that disclosure is required by the SSMA. The SSM sets a minimum level of entitlement but it does not on my reading bar a SM from providing it in electronic form to a bone fide member of the OC.
There must be a more practical way of dealing with this.
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There is zero logic for saying on the one hand that you can’t have meetings in person than on the other saying owners must travel to their office to get material that could just as easily be sent by email.
This is quite clearly a case of the strata manager trying to be obstructive.
You could threaten them with a complaint to fair trading or even an application to Fair Trading and NCAT to have them removed if they don’t stop wielding the covid threat as and when it suits them.
You bother should tell them to add the inspection fee ($31) to his levies and that will cover the cost of their tea-boy sending an email.
Your brother has a legal right to see the records, they have a legal obligation to keep their clients and employees safe. And that adds up to no in-person meeting, no inspection at their office.
And maybe he could suggest that they take a day off from being asses.
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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