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Contact details of the strata committee members
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voxter2000
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06/09/2017 - 10:53 pm
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Good evening,

The strata manager of a residential building located in Sydney CBD, refuses to give us the contact details of the Strata Committee members.

It appears that he is protecting his interests on not letting know the committee members about solutions we have for them to prevent short term letting and overcrowding.

The Building is highly overcrowded and we previously gave to that same strata management company the details and proofs gathered on the disruptive resident, they used it to evict him from the building.

We do not really understand why the strata manager isn't helping us so we guess he is protecting his interests.

We would like to find a way to talk to the committee members without having to post a letter in every single mailboxes of the building.

Thank you.

Shaw

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Lady Penelope
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07/09/2017 - 8:31 am
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You have a right to view the Strata Roll (as per Strata Schemes Management Act 2015 [s182]). The Committee's contact details should be on the Strata Roll. You will able to find out who is on the Committee by viewing the previous AGM Minutes. 

If you don't live in Sydney (where your SM is located) then you can authorise someone else to view the Strata Roll on your behalf.

The fee to inspect the Strata Roll  (as per Fees in the Strata Schemes Management Regulation 2016 -Schedule 4) is $31 and an additional $16 for each half-hour or part of half-hour after the first hour of inspection.

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 182

Requests for inspection of records of owners corporation

182 REQUESTS FOR INSPECTION OF RECORDS OF OWNERS CORPORATION

 

(1) Persons who may inspect An ownermortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the ownermortgagee 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 made by written notice given to the owners corporation 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,

(b) any other records or documents required to be kept under this Part,

(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation before its first annual general meeting by the original owner or the lessor of a leasehold strata scheme,

(d) if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,

(e) any applicable 10-year capital works fund plan,

(f) the last financial statements prepared,

(g) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,

(h) if a strata managing agent has been appointed, a copy of the instrument of appointment,

(i) if a strata renewal plan has been given to owners for their consideration under Part 10 of the Strata Schemes Development Act 2015 , a copy of the plan,

(j) any other record or document in the custody or under the control of the owners corporation,

(k) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, any other records (including records of the strata managing agent) relating to the strata scheme that are prescribed by the regulations,

(l) if a building manager agreement is in force or has been entered into but has not yet commenced, a copy of the building manager agreement,

(m) particulars of any service agreement entered into by the owners corporation,

(n) particulars of any agreement entered into with a local council for a strata parking area,

(o) if the request is made within 5 years after the end of the initial period, particulars of any orders made under section 27 and copies of any related contracts or other documents.

Maximum penalty: 5 penalty units.

(4) Meeting inspections For the purpose of complying with requirements for the giving of notice of a meeting of the owners corporation, the original owner (whether or not having ceased to be anowner) or an agent authorised in writing by the original owner is entitled to inspect the strata rollwithout payment on making a written application.

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voxter2000
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07/09/2017 - 10:57 am
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Hi Penelope,

I am not resident of this building so it seems like i cannot obtain the information needed.

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scotlandx
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07/09/2017 - 11:25 am
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If you mean you are not an owner, then you don't have any right to information about the owners or the Committee members, and the strata manager is doing the right thing - how would you like it if someone gave out your details to third parties without your permission?

If you are an owner then you have the right to access the strata roll which will have certain details about the owners on it.

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voxter2000
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07/09/2017 - 11:35 am
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Hi Scotlandx,

 

I believe the strata committee information should be public actually, it will avoid dodgy practices from certain strata managers and building managers to happen.

It's well known that certain strata managers and building managers protect their interests.

I still think there is a way to obtain their details even if not an owner of that building.

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JimmyT
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07/09/2017 - 11:49 am
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Considering that some strata committee members don't even want other owners to know their contact details, making them public would lead to even fewer residents volunteering for the job.

There is a secretary who should pass issues on to other owners and, if the issue you are concerned with is important enough, then surely you can find one owner who will give you permission to view strata recoirds on their behalf.

If not, I have to ask why you are getting involved in a building in which you have no stakes.

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voxter2000
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07/09/2017 - 11:58 am
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Hi Jimmy,

 

Good point, i agree so at least i should be able to obtain the secretary contact details.

I was in touch with the previous strata manager who unfortunately left the strata management company.

We were helping the building through him, to evict certain slumlords that had illegal additional occupants in their living room all around the building and recently managed to obtain the full details of credentials that have been compromised.

The new strata manager is unresponsive thus we need to get in touch with the the committee directly. 

But like i said, i not find a way to get in touch with anyone unless i'm going straight to the mailboxes but here again it might not be the solution since many owners don't even use the mailboxes, they have po box.

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scotlandx
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07/09/2017 - 12:44 pm
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No, Strata Committee information should not be public, strata schemes are not public companies, they are private entities.  As a comparison, the Corporations Act sets out the requirements for persons who want to obtain the share register of publicly listed companies, and they are pretty stringent. The Privacy Act also sets out how personal information must be dealt with, and the details on the strata roll constitute personal information (outside of use within the strata legislation).

The strata manager is the usual point of contact for a strata scheme, if I found out that someone was accessing the strata records to obtain my details for commercial reasons I would be furious, however well-intentioned the person might be.

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Lady Penelope
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07/09/2017 - 1:34 pm
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The only other option is to go to the Titles Office and search there. I agree with S and JT. Privacy should be a major concern. There are unscrupulous property developers too who would like to contact owners in the hope of redeveloping our buildings now that the Act has relaxed the rules. 🙁

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voxter2000
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07/09/2017 - 2:41 pm
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Thank you Penelope, you seems to have answers to everything.

I will do that.

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voxter2000
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07/09/2017 - 3:23 pm
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Hi again,

LPI doesn't have the information however i was wondering if the Minutes AGM is kept somewhere in the government files?

Our own building have them all online on our website.

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Lady Penelope
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07/09/2017 - 7:57 pm
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Are there any apartments currently on the market within the scheme that you are interested in? Prospective owners of apartments For Sale within a strata scheme are generally permitted to view the Strata Records as part of their pre purchase due diligence. Maybe this is an avenue worth exploring?  Check with any seller's Real Estate Agent first tho. 

Minutes of Meetings are not government property. They belong to the Owners Corporation.

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BONNIE L
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07/09/2017 - 8:24 pm
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If I've read this 'right', I think anyone can search strata minutes if a respectful approach is made to a strata firm. Or maybe I have misunderstood the situation. 

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scotlandx
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08/09/2017 - 12:14 pm
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You can only inspect the records of the owners corporation if you are an owner, or you are authorised to do so by an owner.  The latter usually applies where the owner is selling, and a prospective buyer wants to inspect the records.  The request is made under section 182.

Those records would include the strata roll, which is the name and address for service of the owner.  However, if someone accessing that information used it for a purpose other than that for which they have been authorised, that would raise concerns.

Strata records are private, they are not public documents.  

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BONNIE L
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08/09/2017 - 1:04 pm
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There is more on who can and  who can't on http://www.ocn.org.au 

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