Tenants’ names and owners’ email addresses on strata roll

This is a massive area of non-compliance in strata – especially considering its implications for management and representation in strata blocks.

My contacts in the strata management industry tell me that about 60-70 percent of rental agents notify the Owners Corp of a new tenant when they first let a property and about 30 percent of private landlords.

These figures soon drop to 30 percent and less than 10 percent respectively as they neglect to keep the committee informed of changes to tenancies.  I’d take those figures as anecdotal and they vary from building to building but they do indicate the existence of a culture of non-compliance. 

The irony is that it is one of the very few areas of strata law that actually carries a penalty ($550 max – see Section 258 below).

It is also one of the reasons that there are very few if any apartment block strata committees that have tenant representatives.  Given that more than 50 percent of apartment residents are renters, and in some buildings that’s as high as 80 or 90 percent, they should easily pass the 50 percent threshhold that triggers the election of a tenants rep. 

But that would require all the tenants to be registered with the Owners Corp and they’re not.  Section 258 presents an opportunity for strata committees to  get a grip on who is living in their building, make some money (the fines would be paid to the Owners Corp) and even use it to curb illegal short-term rentals.

But in one of those “be careful what you wish for” scenarios so common in strata, they might find themselves with a tenant rep on their committee which, as we all agree, would mean the end of civilisation as we know it.

258 Tenancy notice to be given to owners corporation of leases or subleases

 (1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.

Maximum penalty: 5 penalty units.

(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.

Maximum penalty: 5 penalty units.

(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.

Maximum penalty: 5 penalty units.

(4) The notice must be in writing and specify:

(a) the name of the tenant and an address for service of the tenant, and

(b) the date of commencement or assignment of the lease or sublease, as the case requires, and

(c) the name of any agent acting for the owner in respect of the lease or sublease.

Note : An address for service of notices may be an Australian postal address or other electronic address, including an email address (see section 261).

(5) This section does not apply to the lease of a lot by the lessor of a strata leasehold scheme to a lessee who is the owner of a lot.

(6) A notice under this section is to be given to the original owner if it is given during the initial period of the owners corporation for a strata scheme.

You request it from the strata manager.

Yes – completely wrong.

As an owner to get the strata role you need to do an inspection of the records at the strata managers office by giving notice and paying a fee as per s.182.

(3) Items to be made available for inspection The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent–

(a) the strata roll,

The strata role is not private.

That was determined in a NCAT case called

<b>Legge v Network Strata Services Pty Ltd (Strata and Community Schemes) [2013] NSWCTTT 45 (8 January 2013)</b>

Commitee members can inspect any document held by the agent as per;

Property, Stock and Business Agents Regulation 2014 S.38 (1)

38   Managing agent to permit executive committee to inspect records

(1)  A strata managing agent or community managing agent must permit, on demand made at any reasonable time, any member of the executive committee of an owners corporation, community association, precinct association or neighbourhood association for whom the agent acts as managing agent to inspect any records or books of account of the corporation or association.

Colonel Schultz said:

As an owner to get the strata role you need to do an inspection of the records at the strata managers office by giving notice and paying a fee as per s.182.

Just be aware that email addresses are not required to be part of the strata roll so most strata managers will not pass on email addresses for alleged “privacy” reasons.

If you are planning to use access to the strata roll to contact other owners, it would be by snail mail or telephone.

No need to apologise  … because what you are trying to say is not correct.

Email addresses may be revealed in the records of correspondence but that doesn’t mean they are on the strata roll.

So, yes, you can find the email addresses of some owners by a diligent search of correspondence, if they happen to have communicated with the OC by email and have not been redacted, but you are likely to be rejected if you ask for a list of all email addresses. This is on the grounds that they are not required for the strata roll by the Act and therefore are not part of the strata record.

There’s a difference.  I don’t like it but it is the norm.

Show me a case  that proves otherwise and I will issue a correction.

The act says

Content of strata roll

Information about lots

The following information must be recorded in the strata roll in relation to a particular lot in the strata scheme— Section 178

(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,

From the act its clear that email addresses form part of the strata roll .

If the OC is sending notices to the email address and he email address is not on the strata roll, then they breach 178(b)  as the email address is not the address for service of notices.

Irrespective of the above statement, 178(c) says the email address must be recorded on the strata roll if the owner has one.

FYI:  I spent 10 minutes cleaning up the leftover coding from copy and paste material in this post – never again!  Go to the next page to see why Kaindub is right … but still wrong.

Based on Legge v Network Strata Services Pty Ltd (Strata and Community Schemes) [2013] NSWCTTT 45 (8 January 2013.

I am not satisfied that an address for service of notices is “information … about an individual” within the definition of personal information in section 6 of the Privacy Act 1988

Section 6 defines personal information as;

“personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a)  whether the information or opinion is true or not; and

(b)  whether the information or opinion is recorded in a material form or not.

To expand on that the OAIC website states;

Common examples of personal information

Information about a person’s private or family life.

A person’s name, signature, home address, email address, telephone number, date of birth, medical records, bank account details and employment details will generally constitute personal information.

Therefore the name, address and email are all considered personal information under the Privacy Act.

However, As per the descisions in Legge case I would argue that the email is also exempt on the basis that the name and address is also exempt.

Legge at 15

Contrary to the assertion in the respondent’s correspondence to the applicants, the National Privacy Principals do not “supersede” the provisions of the Act which require access to be given to the strata roll by a lot owner (or anyone else authorised to make a request) who has made a request for access under section 108 of the Act. The consent of lot owners to the disclosure of their addresses for service is not required. Addresses for service must be provided for the purpose of the strata roll and lots owners have a right to inspect the strata roll when a request is made under section 108 of the Act.