Privacy: strata roll details missing

Did you pay to look at the strata roll?

Good morning Glebegirl100

The law on this matter is clear.

I had problems at two strata schemes with a committee and an agent denying me the right to view information in the possession of the owners corp – such as the roll – also citing “privacy”.

After I told both of them that the privacy laws do NOT apply to such strata matters and that before I take them to mediation I urge them to call Fair Trading on 13 32 20 to acquaint themselves with the law, they dropped their opposition.

A few things come to mind, from being in a similar situation:

1. The defects if any with the strata roll is primarily the responsibility of the owners’ corp. The strata manager is their “agent”, but that doesn’t mean he is absolved of liability;
2. Most owners’ corp and strata managers ignore owners who ask questions which the former do not want answered or matters fixed. They think and hope that if they ignore, then the owner will simply vanish;
3. I suggest you file for mediation with the Owners’ Corp. This is free and you can claim in your online application that you’re not getting the straight answers you deserve when you asked to access the records. You should state what you were told  about “privacy” and how you know it’s  not relevant to stratas. The Owners’ Corp don’t have to attend mediation and if they don’t you will be seen to have attempted mediation and can move to the  next step: the Tribunal.
4. A complaint about a strata committee  can be done online and is considered as an “application for mediation” with the Owners’ Corp – go tohttps://www.nsw.gov.au/housing-and-construction/strata/disputes#domediation

   scroll to and click on “online application form”

   scroll to and click on Fair Trading Mediation Service

5. Click on APPLY ONLINE
6. You’ll see a long list of items you can select that best summarise your complaint. I suggest in the section “Issues relating to the management of the property” check the box “Exercise duties” . In the section “Can’t find the appropriate issue” check the box “other”;

   If you hear nothing in 10 days after filing online, chase NSW Fair Trading up (on 13 32 20) to confirm they received your application. After you lodge it online you’ll get a reference number automatically sent to you. That is the reference number to use when chasing the matter up with Fair Trading.

7. After you applied for mediation, you could tell the Owners’ Corp that you applied. But you don’t have to.  NSW FT will advise them after they processed your filing. Note it takes 2 weeks or so after you file to be contacted by FT and then the mediation may be 2 months away. So the sooner you file the better.

The advice provided by the lawyers should be part of the records of the scheme so, if you are an owner, you are entitled to see it.  If they say it was verbal, then you are definitely entitled to challenge it. Mediation is definitely the way to go.

By the way, I can’t believe that any competent strata lawyer would advise strata managers to ignore the law, which states that all owners in a scheme are entitled to so I would take this second-hand advice with a large pinch of salt.

That said, I’m not sure if you are an owner in the scheme to which you are referring.  If not, different criteria apply.

glebegirl00 wrote:

thanks for your reply. My main concern is what is actually on the strata roll itself. are people familiar with all contact details on the roll, like some I’ve viewed. In answer to the privacy issue and open disclosure of all owners details I mentioned FT and got the “ call them every day its a different story” and “ I prefer to do what the company solicitor tells me” so yet again its a brick wall . I feel that the strata act in itself is very broad and subject to interpretation and that feeds a certain group so ordinary owners who just want a simple life without legal costs struggle.

You’re right. “an address for service of notices” is specified in the Strata Schemes Management Act 2015 (NSW).

Your strata manager is being arrogant. There is no need to refer to a solicitor or Fair Trading. From what you’ve told us, the strata manager is counting on your ignorance. I suggest you show them Section 178, paragraph (1) of the Strata Schemes Management Act 2015 (NSW) and offer to arrange mediation at Fair Trading if they don’t agree.

To answer your question of “what should be on the strata roll?” you already found it in Section 178, paragraph (1) of the Strata Schemes Management Act 2015 (NSW).

My brother is a solicitor. He told me to look up everything I need to know about strata in the Strata Schemes Management Act 2015 (NSW). He also advised me not to trust what is written on web sites about strata. Always refer to the Act. If the dispute goes to NCAT, the NCAT member will only refer to the Strata Schemes Management Act 2015 (NSW). You can’t use the Fair Trading web site as evidence.