- This topic has 17 replies, 8 voices, and was last updated 2 months, 3 weeks ago by .
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There have been a few instances in our building where large repairs/improvements have been made to the units owned by strata committee members. All requests (email, on a Zoom meeting and on the phone) made to the committee members and strata manager for copies of quotes, invoices and records of approval have been dismissed or ignored. What steps can the owners take to ensure transparency and sharing of information?
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Apply for mediation at Fair Trading with a view to seeking orders under section 232 (2) of the Act (failure to fulfil responsibilities). Also raise a complaint with Fair Trading about the strata manager.
The mediation may not achieve anything except to let the strata manager and committee members know that they have duties under the law and ignoring them has consequences.
However, it is an essential first step before you take action at NCAT. Mediation is a free service in NSW.
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.
How about exercising your rights and arrange to inspect the records of the OC. Make sure thst they show you all the emails. You will probably find the answers you seek.
How about exercising your rights and arrange to inspect the records of the OC.
Isn’t that what’s already been attempted?
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 was suggesting a personal visit rather than just requests. They can’t ignore you if you turn up at their office ( with a prior appointment)
I was suggesting a personal visit rather than just requests. They can’t ignore you if you turn up at their office ( with a prior appointment)
The theory is good, and that may well work. But I have heard many stories about people being refused appointments, the material not being available when they get there, passwords being “lost” etc etc.
The simple fact is that if a committee and a complicit strata manager don’t want you to see records, they can put all sorts of obstacles in the way to, at the very least delay the process in the hope that you just give up.
Otherwise, you end up going to Fair Trading and/or a tribunal and wish you’d done that in the first place.
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 2 years, 9 months ago by .
I am so loathe to get anyone offside as am concerned about the possible further ramifications. My requests have already created unpleasantness, which does make me wonder what is being concealed.
The “unpleasantness” may stem from the other owners having something to hide or it could just be that the fact that you are asking questions makes them think that you believe they are hiding something, which may not be true.
The problem here may simply be lack of transparency, something they should have considered when they embarked on the works you are worried about.
You are right to take the one-on-one approach initially. If nothing else, it will give you more ammunition if and when you head to Fair Trading.
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.
Hi Clare,
With goodwill a simple request by an owner to a strata manager for records that are easily accessible will usually be met. Absent the goodwill though ( I know YOU have been very tactful) the Committee and the Strata Manager will rely upon the provisions of the Strata Schemes Management Act that are very clear in that the only access an owner is ENTITLED to is if they organise a search of the scheme’s records (physically or online). – many owners have learnt this the hard way having taken their case all the way to NCAT only to be told that they might have made numerous requests but these were of no consequence because they were not via formal searches by the owner.
Alas as noted above there are numerous ways that an uncooperative SC or SM can make searches difficult or documents hard to find, but that cannot be assumed.
But on a brighter note… I can think of a number of instances where owners like yourself were understandably suspicious about the owners corporation doing work in the apts of Committee members and good on you for being so alert. However in practice the apts of strata committee members may well get more attention than others simply because strata committee members may be more engaged with the care and upkeep of their apartment and understand that owners corporations have obligations around waterproofing etc. Think of the investor owner who never visits their apartment and whose managing agent doesn’t pick up on the signs of water ingress and compare this with a more focused resident strata committee member alert to any leaks in their home that the owners corporation may be responsible for. That doesn’t mean that you shouldn’t investigate these works, just that you may find that technically the owners corporation is responsible after all.
Hope this helps
John Hutchinson
m: 0418 797470 e: john.hutchinson@strataanswers.com.auS T R A T A A N S W E R S PTY LTD practical solutions for strata living
abn 11 600 590 083
http://www.strataanswers.com.auWhat sort of costs does this search involve?
What sort of costs does this search involve?
According to the Regulations, it’s $31 and an additional $16 for each half-hour or part of half-hour after the first hour of inspection. There will probably be additional charges for photocopying but newer smartphones have a scanning option which is handy.
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.
With most ( but not all )records being held electronically, just bring your usb and copy away. You are not allowed to remove material, but you certainly can copy it.
With most ( but not all )records being held electronically, just bring your usb and copy away. You are not allowed to remove material, but you certainly can copy it.
If that’s your plan, take a fresh USB stick still in its packaging as the strata manager might (quite rightly) be concerned that a used stick could contain a virus (or just use that as an excuse for not allowing it to be used). Probably better to call ahead first, just to check.
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.
hi, am in Victoria rather than NSW. Its a case of an unhelpful Manager not providing formally requested records such as Minutes of meetings. A complaint has been made to the Manager and Committee (which is the process in Victoria), but there doesn’t seem to be anything in the Victorian Owners Corporation Act to compel a Committee or Manager to provide the requested records eg a decision can even be made to ‘do nothing’ after a formal complaint. It seems quite a jump to go to VCAT (NCAT equivalent)…but I have doubts that mediation will achieve anything. Does anyone have any advice thanks?
Tony- This reply was modified 3 months ago by .
In NSW I have complained to Fair Trading about a badly performing strata manager by pointing out he failed to comply with what is required of the realtor’s licence holder eg being honest. The complaint was pursuant to the Property & Stock Agents Act. My complaint was upheld and soon afterwards he quit as strata manager.
Call your equivalent of NSW Fair Trading and ask what legislation governs the CONDUCT of strata managers.
Tell them you wish to file a complaint.
Once you are made aware of the relevant legislation, have a look at the Table of Contents of the Act or Regulation for terms like “conduct” or “behaviour” etc.
Best of luck!
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