Exclusive usage rights

Hi Andykaye

Section 108 of the Strata Schemes Management Act relates to the inspection of records of owners corporations and states:

“(1) Who may inspect records? An owner, mortgagee or covenant chargee of a lot, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

(2) Form of request The request must be in writing and be accompanied by the fee prescribed by the regulations.

(3) Items to be made available for inspection The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent:

(a) the strata roll,

(b) any records or documents required to be kept under Division 2,

(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation at its first annual general meeting by the original owner or lessor,

(d) if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,

(e) the last financial statements prepared,

(f) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,

(g) any other record or document in the custody or under the control of the owners corporation,

(h) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, such other records (including records of the strata managing agent) relating to the strata scheme as may be prescribed by the regulations,

(i) if a caretaker agreement is in force or has been entered into but has not yet commenced, a copy of the caretaker agreement.“

There are two categories that the advice might fall under which would enable you to argue that the advice should be released. They are:

(a) s. 104(c) of the Strata Schemes Management Act (which is in Division 2) states “copies of correspondence received and sent by the owners corporation” (see s. 108(3)(b) of the Strata Schemes Management Act); and

(b) s. 108(3)(g) of the Strata Schemes Management Act (see above) which states “any other record or document in the custody or under the control of the owners corporation”.