Lot Balance reports

Background

Strata scheme of 5 units changed managing agents in 9/2015.

Until that time, the previous managing agent’s AGM (or quarterly) paperwork always contained lot balance reports. In 7/2015 I asked for clarification from the strata manager, Tsr and Sec of some figures. Nobody would explain why levies received were less than levies due. It’s clear that someone is not paying his levies: an (ill) owner who passes his proxy to the Sec, in my opinion.

I was on the EC and my s.105 request was ignored as was my s.108 request, which Fair Trading said I should apply under.

I took the matter to NCAT asking for a s.162 (compulsory management, by a new agent) and lost (and the subsequent appeal) in 01/16 because the Sec. wrote to NCAT that I would receive access to the papers I want, being lot balance reports and bank statements.

While I received access, the documents I wanted to see were not available.

To date I have been denied the transaction a/c bank statements which would show who has paid or not paid levies. I was and am denied cash payments and cash receipts journals.

Prior to the  09/16 EGM I was handed a document showing one lot is $10,500 in arrears. Note the quarterly levies are under $1000. When I inquired about this at the EGM the agent replied “oh, that’s a mistake” and the person listed as being in arrears sitting in front of me, said nothing.

Issue

Recently I asked the managing agent for lot balance reports for the 2015 and 2016 AGM because they were not included in the paperwork issued to owners.

The agent replied yesterday that there is no requirement for her to include these reports. I of course want them to verify that I am not the only fool paying his levies on time or at all.

I spoke to the Chair yesterday who said I had a valid point and she’ll check with the Sec. She replied today saying the Sec says “due to privacy reasons, the agent cannot give you that information”.

I have NEVER seen AGM papers that excluded lot balance reports until now.

This obfuscation by the Sec and agent prods me to seek access also to the cash receipts and payments journal in addition to the bank statements.

Do I have a right to receive them?

Can I get them any way other than applying to NCAT for mediation where I will list all the papers I want the OC/agent to provide? And of course will cost me money.

Please advise. Thanks.

Note: the BS of the Sec about “privacy” falls apart when you consider 4 of the 5 owners in the strata (all but me) are on the EC and receive MONTHLY financial updates. Something I have been denied.