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Topic
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Can a Strata Manager refuse to provide a current list of owners to a Committee member?
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On one hand, the unit roll or register is part of the Owners Corporation records, so any owner should be allowed to inspect it.
On the other hand, strata managers know that even some committee members could abuse access to the roll and that many owners would be offended that their personal details had been handed out and if things got messy, the strata manager would cop the criticism. So, it is easier for them to say they can’t give it out and claim that this has some basis in privacy legislation. The grain of truth in that is that the managing agent is more likely to store such records securely in line with privacy requirements whereas random owners, even if currently committee members, can’t always be relied upon (from their point of view).
As a committee member, I have generally avoided having an unproductive argument about it with our strata managers. Instead, it is rare that we really need to see the roll. If we want to distribute some document or make some announcement, we don’t need the roll – we can just ask the managing agent to distribute whatever we have to all owners or just the relevant owners.
Often we can ask the managing agent to send a message asking a unit owner to contact the committee about some matter. Once the owner replies, we have their email address or phone number or whatever independently of the managing agent and can continue the communication.
In short, it is rarely an argument you need to have.
There are two important considerations here.
- The strata manager is obliged to provide the strata roll to the committee secretary.
- Owners are entitled to see ALL documents relating to their strata scheme – including the strata roll, including contact email addresses and phone numbers if they have been provided.
Now, bad strata managers and committee chairs really don’t want you to see the strata roll because the last thing they want is for owners to be talking freely to each other. In my experience and from multiple reports, Netstrata are notorious in this regard, but they are far from the only miscreants.
But the law is clear on this. Whether or not you are on the committee you are entitled to see the strata roll in all its glory.
Your secretary should have a copy and they may allow you to see or copy it.
The strata manager may have refused to hand over the strata roll to the secretary, in which case they may be in breach of the law under Section181 of the Strata Schemes Management Act 2015 No 50 – NSW Legislation which requires entities in possession of strata documents to hand them over to the owners corporation.
In my own experience – an in others reported to me – Netstrata and other strata managers get owners to agree to “full delegation” and then says that since they are acting as chair, secretary and treasurer, the OC is already in possession of the documents, so the legal requirements to hand over documents under Section 181 have been fulfilled.
If that’s the case, Sections 182 and 183 of the Act allows any owner to visit the strata manager’s office and view or copy all documents (with a few specific exceptions) for a specified fee. This as stated in the law, includes the strata roll. Section 177 of the Act says the strata roll must include:
(a) the name of the holder of the estate in fee simple in the lot (in the case of a freehold strata scheme) or the holder of the leasehold estate in the lot (in the case of a leasehold strata scheme),(b) an address for service of notices,(c) an Australian postal address, and an email address if the holder has one, if not provided as the address for service,(d) the name of the holder’s agent (if any) appointed in accordance with this Act and the agent’s address for service of notices,(e) information provided under a strata interest notice,(f) information provided under a tenancy notice.Now, if you are on the committee, you are entitled to ask, preferably in writing, why you have not been allowed to see the strata roll. It may be that the strata manager has refused to provide it and bamboozled your chair with the standard BS. Or it may be that they are in cahoots with the SM in not wanting owners to be communicating with each other. They may cite that old chestnut of “privacy” which is meaningless and irrelevant in this regard.Regardless of this, you have rights and if the SM or secretary are obstructive, you are entitled to ask why and to suggest to your fellow owners that it might be time for a change.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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