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Good day all,
I have a query.
Some time ago I asked the managing agent if I could sight some records that should be in his possession. I assume 7 years’ worth have to be kept. True? He replied (note: he took over management 2 or 3 years ago) that “all records given to me on commencing managing the strata were uploaded into the vault”.
Perhaps so. But I saw that some documents that should be in the vault were not uploaded to the vault. I can only assume the SC held them back.
The “vault” is a portal available with restrictions to owners and without restrictions to SC members.
Recently I checked again and lo and behold, some more (4 year old and 6 year old) items are missing. For instance I found in my possession a copy of an invoice showing OC funds were spent on SC members’ lots, but oddly (or not so oddly) those invoices are missing from the vault.
My question is: can I go to Mediation seeking access to ALL the records of the strata plan (in hard copy) which
(a) Should include every last document of the last 7 years (such as invoices that match up with email confirmation of payments from the former managing agent) and
(b) Should include original certificate of title, original plans etc.
Please advise.
I think Mediation is my only option as the agent has a habit of taking months to get back to me on issues the SC would prefer go unmentioned. On other more basic matters, he gets back to me within a couple of days.
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I’m more alarmed at the idea that there are some documents that are only available to the committee. Owners are entitled to see all records and correspondence by and with the committee, with the exception of correspondence between the committee and their lawyers regarding a case between them and an owner (and even then, I don’t think that has been tested in court).
To give an example, in my building there was a very nasty legal case between the committee and an employee, the record of which was “sealed” by the court. However, owners were allowed to view the sealed document (albeit under strictly controlled circumstances) as they were effectively party to the case since the committee had been representing them.
That said, in this case mediation might be the way to go although if the records geuinely don’t exist because they have been lost or destroyed, there’s not much anyone can do about it.
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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