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I just wondered what my rights are as a lot owner regarding strata rolls. I requested a copy of strata rolls via email from our strata manager.
At first, his answer was: “Only the committee can request such a document or you can hire a strata search company to obtain this.”
To that I insisted, citing Section 182 of the SSMA.And his reply:”Incorrect, it clearly states that this is to be reviewed under inspection only. Meaning you will need to pay the office $34.10 per hour and you will need to be In Office. You cannot obtain a copy of the strata roll which contains private information. Again, you can search the records or hire a company”
So I’ll have to pay a visit to his office. I’m just trying to think of possible scenarios where the strata manager tries to keep me from obtaining copies while I’m there. He’ll probably hand me a big pile of old rubbish records to screw with me. I can pay him $34.10, but he said $34.10 per hour, is that legitimate? While I’m there, I might check some other records. The manager has a history of giving me false facts. I just cannot trust anything he says.
When he said, “You cannot obtain a copy of the strata roll which contains private information”, so did he mean I cannot make a photocopy or take photos with my phone?
Do I have the right to make a photocopy or take photos? Or write down other owners’ contact details, like correspondence address, phone number, email address, etc?
What about other records? Do I have the right to make photocopies or take photos with my phone?
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When he said, “You cannot obtain a copy of the strata roll which contains private information”, so did he mean I cannot make a photocopy or take photos with my phone?
It’s hard to tell what he meant. There is no obligation on the strata manager to send you a copy of the strata roll but they must let you see and copy all records. As usual with this strata manager, he is only half right. This is what Fair Trading’s website says:
An owner or mortgagee, or their authorised person, can make a written request to the owners corporation to inspect the records. The request must be accompanied by the prescribed fee which is currently $31 [plus GST] for the first hour of work.
The inspection time and place has to be agreed by both parties. If no agreement is reached within three days, the owners corporation can stipulate the time and date by written notice. The inspection date can be no later than 10 days from the date the owners corporation receives the notification.
Documents can be inspected in person, electronic access or any other ways agreed. You can make copies of the documents but must not, without the consent of the owners corporation, remove the originals from the custody of the owners corporation.
Obviously from that, you are allowed to make copies of the strata roll and take them with you.
As far as the hourly rate goes, start the clock when they present you with the files and you should be done within an hour. If they try to charge you excessively for photocopying, use your phone to photograph the files.
You are entitled to see all records, correspondence and accounts belonging to the Owners Corporation (of which you are a member). The one exception is correspondence between the OC and its lawyer regarding any case involving you (and even that could be challenged, although I’m not sure you would prevail).
It is very common for strata managers to refuse to let owners see other owner’s email addresses, citing “privacy”. They are wrong to do so. As discussed elsewhere on this website and at great length, privacy laws do not apply to strata rolls.
That means that addresses of other owners, including email addresses, have to be made available to you. A lot of strata owners aren’t happy with this and some are trying to get the law changed, but it’s a fact.
If the strata manager refuses to let you see the email addresses, show them a copy of this column which first appeared in the Australian Financial Review.
And remind them that they have legal responsibility to manage the scheme in accordance with the Act (as per your other posts here and here) – they can’t keep making things up as they go. If they do, you will be making sure Fair Trading is aware of their breaches.
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.
I’m sure it’s all bs. If I visit the office and inspect the original copy, will these info, like email addresses be there? Or he still could hand me an incomplete copy just like he did? What can I do or show him to let him come to sense and send me a complete version?
Suspicions aren’t facts, as President Trump is currently discovering. There are a few assumptions there that are likely to trip you up. You can’t be sure that he hasn’t provided you with the full list of email addresses, regardless of your feelings.
One way to check would be to trawl through all the emailed material relating to the committee and AGMs. I haven’t met a strata manager yet who hasn’t at least once accidentally sent material out as “cc” rather than “bcc”, exposing everyone’s email addresses.
Failing that, you could threaten him that if you discover later that they have failed to provide email addresses then you will take action at Fair Trading (I wouldn’t recommend this, but it’s an option).
A better method may be to send everyone whose physical address you now have a letter or postcard that says something like “The value of our property is under threat. Please email or call me for more information, so we can stop this now.”
What happens next is up to you but I would just tell people that the building is not being managed according to strata law, no one outside a tight circle is allowed to check what is being done or, more to the point not done, and there need to be more checks and balances before the value of the property is seriously compromised.
However, if you go down that road, be very careful what you say. Wild accusations will make you look like the problem, rather than the solution, and could see you on the wrong end of a defamation suit.
Or you could have a lawyer’s letter drawn up and sent. That might rattle their cage, especially if they are reluctant to lie to an officer of the court.
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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