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Secretary won't let me see voters roll
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supersleuth
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11/07/2017 - 10:34 pm
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Hi

I am a member of our Strata Committee and I have requested a copy of our strata roll.  I was advised by the personal assistant to our strata manager that the request would need to be approved by the Strata Manager and stated that it would be emailed to me by close of business the other day.  I have now found out that it has been sent to the Secretary, who is questioning why I want it and has stated they he is only privy to that information.   I have previously gone into the offices of our SM (two years ago) and was given a copy but now wish to have a more current list.

Is it correct that I'm not able to be given a copy of the strata roll, even though I have previously?

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James Moir
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12/07/2017 - 8:07 am
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supersleuth said

Is it correct that I'm not able to be given a copy of the strata roll, even though I have previously?  

No.

Have a look at s182(3)(a).  You have the right to inspect and take a copy of the strata roll (for all lots).  The Secretary is not right. 

The strata manager doesn't have to email it to you, but might agree to do so for convenience.  It probably depends how busy you are.  If they won't send it to you, you'll have to ask for an inspection to view it (and take a copy if you wish). 

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supersleuth
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13/07/2017 - 8:25 am
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Hi

Thanks for that. The secretary is frequently wrong about a lot of things. It looks like I'll have to go into the offices & get it.

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The Hood
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15/07/2017 - 7:32 pm
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PSBA Regulations 2014 (current version)

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.

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supersleuth
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15/07/2017 - 10:54 pm
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Thanks for that.  On speaking with the PA to the strata manager, she tried to persuade me to get it from the Secretary, even after I told her that he wouldn't give it to me.  I've made an appointment to see the strata records, but I got the feeling that they were going to obstruct me.  I'm glad I can quote two types of legislation now.

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The Hood
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17/07/2017 - 8:28 am
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Lady Penelope said
I understand this (s 178) to mean that your Roll should have the details of the Agency which the Lot owner tenants their property through and not necessarily the actual Tenant's details. The Agency is often a Real Estate Agency or the Public Housing Authority etc. If the Owners corp needs to contact the tenant then they should do this via the Agency.   

The information required under s 258 for a tenancy notice is:

(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.

The OC, under s 178, should have the information to contact the tenant directly.
The 'agent' referred to in in s 178(4)  is a s 155 agent.

155   Owner may appoint agent if not able to deal with notices

(1)  An owner of a lot in a strata scheme may appoint an agent to receive notices and other documents under this Act if the owner is unable to deal with those notices because of intellectual impairment or physical impairment, illiteracy or an inability to read or write English sufficiently well or absence from the lot....

If the OC needed to, say, issue a NTC then it would need to serve it on the tenant. The OC should have this information as per s 258 (4(a)).

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Lady Penelope
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17/07/2017 - 9:08 am
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My mistake, Hood. Thank you. 

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