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  • #68541
    Minchkn
    Flatchatter

      We have an unusual situation that has arisen in our strata.

      I serve on the commitee of a strata and one of the lot owners is selling. the purchasers solicitor has contacted the strata manager and asked for the contact details of all other lot owners and is seeking to chat with each of them. this is prior to settlement.

      A strata search report was provided to the purchaser already and I find this very odd that the strata manager has provided access to our details without consent of the committee nor other lot owners.  The solicitor has also just directed the strata manager to cancel a strata meeting and they are taking directions from the a third party.

      Is this permitted?

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    • #68543
      Jimmy-T
      Keymaster

        The solicitor has also just directed the strata manager to cancel a strata meeting and they are taking directions from the a third party.

        Who is taking directions from a third party? And what is the problem behind all this?

        Also, the above post was the third you have sent on the same topic – that is a clear breach of our rules.  An earlier one said this:

        Our strata manager has cancelled an EGM without consulting the commitee first.  They also appear to be taking directions from a third party without  the consent or approval by the committee. In this case the solicitor of a purchaser who is seeking to buy a unit in the building is giving them direct instructions.

        I am wondering if this permitted?  Surely the strata manager has a duty of care to take instructions from the committee not a third party?

        There is obviously something you are not telling us.  And what does the strata manager say about all this?  Why would they take instructions from someone who isn’t even an owner yet?

        BTW, there is nothing wrong with a prospective purchaser or their representative chatting to owners about the state of play in the strata scheme.  In fact, it’s something I would highly recommend.

        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.
        • This reply was modified 1 year, 5 months ago by .
        #68548
        Minchkn
        Flatchatter
        Chat-starter

          Thanks for your reply, I had issues trying to post the question in the forum and it kept on throwing an error each time I tried to post. I certainly did not intend to post the same question multiple times. I will see if it is possible to delete the other two posts, my sincere apologies.

          We as a committee found out that the strata manager was taking instructions from the purchasers solicitor without any consultation with the commitee and making decisions about meetings that were planned. The strata manager also did not notify us that they were in discussions with this other party and having multiple conversations. The strata manager never returns our calls and is very slow to reply to emails, so we have not had much success trying to get to the bottom of all of this.

          Can the strata manager give lot owners contact details out to a third party without the lot owners consent?

          #68550
          Jimmy-T
          Keymaster

            Can the strata manager give lot owners contact details out to a third party without the lot owners consent?

            The SM can do this if a current owner approves it.  It’s common practice when a prospective owner wants to do a thorough search and it’s just a way of speeding up the process that would otherwise involve the vendor getting the information then passing it on to their solicitor.

            As far as the strata manager “taking instructions” from a purchaser’s solicitor, all you can do is to ask them why and if they refuse to answer, report them to Fair Trading or threaten to do so.

            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.
            #68613
            David Ng
            Flatchatter

              And make sure that the strata manager doesn’t charge the OC for the time spent assisting the potential purchaser.

              #68627
              Paradise
              Flatchatter

                If a potential purchaser either directly or through a solicitor requested the contact details of all owners from the SM then this could be odd depending on the circumstances.

                If the lot seller confirms that this is a bonafide potential purchaser then this would be ok. Here I’m assuming that only strata roll and hence the contact details on the strata roll are being requested and not other contact details. The strata roll contains the nominated contact details which may not be the regular or personal contact details of an owner.

                But if there is no direct confirmation or otherwise from the seller then this should be treated cautiously. We’re all being advised to not hand over personal information willynilly to protect us from scammers. Also that “purchaser” could really be someone trying to circumvent a restraining to locate an ex who happens to lives in the same scheme.

                The better way would have been for the seller to have the strata roll on hand to make available as required either directly or through their realestate agent.

                Irrespective of the above the SM has erred in accepting the directions of a solicitor representing a non-owner (whether a bonafide potential purchasor or not) to cancel a strata meeting.

                 

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