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The Strata manager is the secretary for our plan. I ( EC member ) have requested s.119 notices as we have issues with noisy tenants. They wont tell me if they exist and wont provide them. I am sure they do not have them as we are only a block of 6 and the other 2 EC members who lease their units are chummy with the SM.
We are the only owners in the block and concerned that we have no idea who is living in our building / security concerns. We also dont know if we can enforce By Laws if the tenants are not actually on a lease.
What can be done.
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As an owner, you are entitled to view the strata records. You are also entitled to commence action at Fair Trading and NCAT for fines to be issued against owners and tenants who breach strata law and by-laws.
Ask to view the records and then initiate proceedings at Fair Trading yourself. Clearly, there is no point in waiting for the strata manager to do it.
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.
Attending the strata manager’s office to view files is standard practice. You might short-cut the operation by asking to see only S119 files (although they will probably tell you that you should find them yourself).
If they aren’t there, then assume they don’t exist and proceed with whatever plan you have on that basis.
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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