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  • #8234

    Our Property Managing Agent tells me, a member of the Executive, that I can’t have any contact details for other owners in our strata “for privacy reasons”. This seems extraordinary to me. Does having a Managing Agent mean that there are things the Executive no longer has the right to do, because if we didn’t employ an agent we would have to have the owners’ contact details in order to function, call meetings, etc?

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  • #15825
    Jimmy-T
    Keymaster

      Refusal to allow inspection of the strata roll for privacy reasons is total BS and it’s often a smokescreen. Using the ‘privacy’ excuse is not only wrong, it’s often a sign that the property manager either doesn’t know the law or  doesn’t want you making contact with the other owners directly (for whatever reason) … or both.

      ANY owner is entitled to see documents held by the Owners Corporation or their employees or agents (see quotes from Act below) although the request should be in writing, seven days notice must be given and there will be an inspection fee.

      The Secretary of the EC is legally obliged to maintain the strata roll (although that’s often delegated to the Strata Manager) at the very least to establish who is entitled to vote and who needs to get notification of meetings etc.

      So you could ask the secretary to allow the inspection of the records or, if there’s a problem with the secretary,  you could make the request as an ordinary owner.

      By the way, refusal by a managing agent to provide the documents in response to a formal request by the EC carries one of the heftiest fines issued at the CTTT. So make no mistake, this ‘privacy’ nonsense isn’t only wrong – it’s illegal.

      This is what the Act says:

      22   What are the functions of the secretary of an owners corporation?

      The functions of a secretary of an owners corporation include the following:

      (c)  to maintain the strata roll,

      (d)  to enable the inspection of documents on behalf of the owners corporation in accordance with section 108

      OK, so what does Section 108 say?

      108 Inspection of records of owners corporation

      (1) Who may inspect records?
      An owner, mortgagee or covenant chargee of a lot, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

      (2) Form of request
      The request must be in writing and be accompanied by the fee prescribed by the regulations.

      (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,

      And what does the strata roll include?

      98   What must be recorded in the strata roll?

      (1)  There must be recorded in the strata roll in relation to a particular lot:

      (a)  the owner’s name and an Australian address for service of notices or the name of the owner’s agent appointed in accordance with Part 3 of Chapter 4 and the agent’s Australian address for service of notices …

      In conclusion, if you don’t have the support of the EC secretary, you may have to jump through a few hoops and pay a fee to be allowed to inspect (and photocopy) the strata roll, but you do have the right, even if it”s just as an ordinary owner.

      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.
      #15848
      Anonymous

        Jimmy is spot on as always. What all Executive Members need to understand is that the Strata Manager only has delegated authority and this is restricted to the authority as laid down in the strata management agreement between the strata manager and the Owners Corporation. What is important is that the OC and in turn the Executive Committee doesn’t give up its own authority in delegating it’s functions.

        The main issue is that the Strata Manager is always the servant of the OC and is always under the direction of the Executive committee. Your Strata Manager may need to be reminded who pays their management fees and who is the boss in the contractual relationship.

        Chris Mo’ane GMD Integrated Consultancy Group

        JimmyT said

        Refusal to allow inspection of the strata roll for privacy reasons is total BS and it’s often a smokescreen. Using the ‘privacy’ excuse is not only wrong, it’s often a sign that the property manager either doesn’t know the law or  doesn’t want you making contact with the other owners directly (for whatever reason) … or both.

        ANY owner is entitled to see documents held by the Owners Corporation or their employees or agents (see quotes from Act below) although the request should be in writing, seven days notice must be given and there will be an inspection fee.

        The Secretary of the EC is legally obliged to maintain the strata roll (although that’s often delegated to the Strata Manager) at the very least to establish who is entitled to vote and who needs to get notification of meetings etc.

        So you could ask the secretary to allow the inspection of the records or, if there’s a problem with the secretary,  you could make the request as an ordinary owner.

        By the way, refusal by a managing agent to provide the documents in response to a formal request by the EC carries one of the heftiest fines issued at the CTTT. So make no mistake, this ‘privacy’ nonsense isn’t only wrong – it’s illegal.

        This is what the Act says:

        22   What are the functions of the secretary of an owners corporation?

        The functions of a secretary of an owners corporation include the following:

        (c)  to maintain the strata roll,

        (d)  to enable the inspection of documents on behalf of the owners corporation in accordance with section 108

        OK, so what does Section 108 say?

        108 Inspection of records of owners corporation

        (1) Who may inspect records?
        An owner, mortgagee or covenant chargee of a lot, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

        (2) Form of request
        The request must be in writing and be accompanied by the fee prescribed by the regulations.

        (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,

        And what does the strata roll include?

        98   What must be recorded in the strata roll?

        (1)  There must be recorded in the strata roll in relation to a particular lot:

        (a)  the owner’s name and an Australian address for service of notices or the name of the owner’s agent appointed in accordance with Part 3 of Chapter 4 and the agent’s Australian address for service of notices …

        In conclusion, if you don’t have the support of the EC secretary, you may have to jump through a few hoops and pay a fee to be allowed to inspect (and photocopy) the strata roll, but you do have the right, even if it”s just as an ordinary owner.

        P

        #15871

        Hi All, yes of course agreed this is the law and any owner has access to the strata roll as in address, but when it comes to giving out other contact details as in phone numbers and email addresses this is a clear breach of privacy and leaves owners open to all types of bad behaviour from aggreived owners with chips on their shoulders. As we know there are many that like nothing better to take revenge against committee members especially but also any owners that simply notify of breach of bylaw. I have in the past had to block a resident from my email. Receiving nasty emails and phone calls can really make life in your home and sanctuary unbearable.

        I personnally find it best if the agent contact the owner on behalf of the EC anyway, I have no need for peoples details, we live in the same building so I can always knock on a door if I don’t want the agent to deal with. So I don’t see a problem with an agent witholding details, in fact I would appreciate it.

        Cheers CBF

        #15873
        Jimmy-T
        Keymaster

          I was thinking of addresses etc but this brings us back to the discussion we had ages ago about whether or not EC members should be easily contactable. Those who’ve suffered the slings and arrows of outraged owners would be in tne same boat as CBF. Others would see it as part of the job. That discussion is here, for anyone who’s interested.
          But I think in these circumstances, the withholding of contact details has little to do with privacy and everything to do with control.

          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.
          #15877

          Hey Jimmy,

          Control of what?

          Cheers CBF

          #15883
          Jimmy-T
          Keymaster

            I was referring to a building manager, strata manager or EC office bearer controlling the flow of information to the owners so that they weren’t held accountable. If your chair/secretary keeps a tight lid on what goes into EC minutes (or doesn’t) and there’s no way of telling owners what’s really going on, that’s control. Sounds paranoid, I know, but it does happen.

            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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