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  • #73091
    bigpon2
    Flatchatter

      For a year now I have been a member of a 2 person Strata Committee, of a unit block with 16 units. The other SC member owns half the units and does nothing at all, leaving the Strata Manager (which is a totally inefficient large manager) to do everything. There have been no meetings and only limited financial information given to me in this last year. The other SC member ignores all contact attempts. He is way behind with payment of levies on his units, to the extent that the OC is on the verge of  literal bankruptcy.

      I have requested that the Strata Manager supply me with contact details for the remaining unit holders, so that I can make them aware of all this, as I know that they are all blissfully unaware of this crisis. However the SM refuses, on “privacy” grounds. I know that I am entitled legally to these details, but I need to be able to quote the exact section  of the Act to back up my demand, and I am having trouble finding it. Can anyone advise me on this please?

    Viewing 8 replies - 16 through 23 (of 23 total)
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    • #73597
      The Hood
      Flatchatter

        Here is what the State says:
        I notice the State are not explicit that an email must be given.
        I feel it is also implied your address doesn’t really cut it as enough contact details (not digital enough maybe).
        These days your contact details are even being extended, by some lawyers, to include “such as a phone number”.
        I don’t see legislated compulsion to give an email (if you have one) in the States rhetoric.

        Strata roll

        What is a strata roll?

        A strata roll is a list of the owners in a strata scheme. It must be kept for the whole time the scheme is running.

        It must include:

        • the strata plan number and address of the scheme
        • each owner’s name, address and contact details (such as an email address)
        • how each owner owns their lot (for example, whether owned outright or through mortgage)
        • the date the owner gained possession of the lot
        • if the owner has an agent, the agent’s name, address and contact details
        • if the owner has a tenant, the tenant’s name, contact details and date the tenancy started
        • the name and address of the original building owner (usually the developer)
        • the name and address of the strata manager (if there is one)
        • the total number of unit entitlements for the scheme as a whole, and the unit entitlement assigned to each property within the scheme
        • insurance details
        • all by-laws.
        #73610
        Jimmy-T
        Keymaster

          Yes that is what the law says but what does it mean is not for plebs to say  unless we are quoting the Courts.

          Again, you seem to think the rest of us are plebs because it IS for you to say what this means.  Or am I misinterpreting that too?

          I would go to the barricades on this one as I did recently with Netstrata and, to great and vociferous length with their boss and now departed president of SCA Stephen Brell.  Upshot, my strata scheme got the strata roll with the email addresses of the owners attached.  Even plebs can prevail, just by following what the law says and not by what it might mean if you turn the words around a bit and take out a couple here and there.

          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.
          #73639
          kaindub
          Flatchatter

            You have the answer.

            the other committee member is behind in his levies.

            That makes him ineligible to a) stand for the committee and b ) vote at committee meetings

            YOU tell the strata manager that you want a committee meeting. You decide the agenda. Since there is only two members, you will have a quorum ( of 1)

            you then vote all the motions .

            The other committee member can’t do anything about this since the act back you up.

            #73641
            TrulEConcerned
            Flatchatter

              Bigpon2 have you made any headway in getting your hands on the strata records? Did you ask for anything other than the Strata Roll (i.e. the contact details of all owners)?

               

              #73654
              spmanager
              Flatchatter

                Section 181 of SSMA 2015 has that: If the strata committee of an owners corporation gives a notice to a person who has possession or control of property (including records) of the owners corporation requiring the person to deliver the property to the strata committee, the person must, not later than 14 days after the notice is given, deliver that property to a member of the strata committee specified in the notice.

                Also, the Roll includes, names, addresses and email addresses (even if they don’t use the email for corresponds with strata).

                Jimmy you may raise this point with David Bannerman when you do the lawyer in a hotseat this month. As the issue of Strata Roll disclosure was confirmed to Stephen Brell in a SCA Webinar last year, by David.

                #73657
                The Hood
                Flatchatter

                  Again, you seem to think the rest of us are plebs because it IS for you to say what this means. Or am I misinterpreting that too? I would go to the barricades on this one as I did recently with Netstrata and, to great and vociferous length with their boss and now departed president of SCA Stephen Brell. Upshot, my strata scheme got the strata roll with the email addresses of the owners attached. Even plebs can prevail, just by following what the law says and not by what it might mean if you turn the words around a bit and take out a couple here and there.

                  Yes you are misinterpreting.
                  It is not that people don’t misinterpret it is more a question of how often do they do it.
                  You might note i say “what does it mean is not for plebs to say unless we are quoting the Courts”
                  What part of “we” am i not a part of?
                  I would have used “they” if i was seeking to exclude myself.
                  You seem to exclude me from the “we”. Your action, not mine.
                  I do not say what it means, I offered a competing, and better, interpretation that is consistent with the information at hand.

                  Upshot is the issue wasn’t about whether or not you can have the “strata roll” with emails from Netstrata..
                  The issue was is an owner legally required to give an email if they have one.

                  I have shown you why that if one meets 178 1(b) then (c) does not apply.
                  I have shown you the State’s own website does not say you have to give it if you have it, which i believe it would if  there was the requirement you press.
                  You have not successfully presented an argument to support the idea one has to give an email.
                  Yes you misinterpret and yes you did substitute.

                  #73663
                  Jimmy-T
                  Keymaster

                    I have shown you why that if one meets 178 1(b) then (c) does not apply. I have shown you the State’s own website does not say you have to give it if you have it, which i believe it would if  there was the requirement you press.

                    You haven’t “shown” anything except your opinion.  There is no proof or ruling cited.  And, by the way, I assumed you were excluding yourself from the “plebs” because you said that it wasn’t something for “plebs” to interpret, then you interpreted it.

                    Finally, I would draw your attention to the adjacent post from SPmanager.

                    Once I have responded to that, because we are just expressing competing opinions, I am shutting this discussion down until someone provides authoritative proof, in an uncontested court or tribunal ruling, that I am wrong.

                    Until then, Flatchatters, this is my position:

                    1. The NSW SSMA 2105 says strata owners are entitled to see their strata rolls (and most other documents related to the strata scheme)
                    2. The SSMA also says the strata roll must include the email addresses of strata owners, if they have one.
                    3. There are no relevant privacy law issues here.

                     

                    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.
                    #73664
                    Jimmy-T
                    Keymaster

                      Jimmy you may raise this point with David Bannerman when you do the lawyer in a hotseat this month. As the issue of Strata Roll disclosure was confirmed to Stephen Brell in a SCA Webinar last year, by David.

                      I certainly will and I would love to be able to publish some of Brell’s comments to me made when I was trying to get the strata roll for our investment property which, sadly, is managed by Netstrata.  However, they were part of a private discussion and protocol forbids me from making them public except to say I described them at the time as “pretzel logic” (shout out to Steely Dan fans).

                      This topic is now closed until someone PROVES with proper legal references from courts or tribunals that I am wrong.

                      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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