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  • #43087
    AvatarPrivate-I
    Flatchatter

    Our Building Manager has sent request (or worded like a ‘demand’) to provide full contact details of all residents so he can advise of maintenance issues etc. I think strata doesn’t automatically get covered by the Privacy Laws, but not sure if the manager can actually gather and keep the records without complying?
    Opens questions like security of the manager’s data base, if he can pass the info on to third parties, etc?
    That info is already kept by the Strata Manager anyway.

    • This topic was modified 2 months, 1 week ago by .
    #43136
    Jimmy-TJimmy-T
    Keymaster

    You have kind of explained the buiding manager’s dilemma in your question.

    Unlike the strata manager, the building manager may not have right of access to owners’ and residents’ details, especially not email addresses.  So what is he or she supposed to do if you need to be made aware of something that’s happening in a building, especially in an emergency, and neither the strata manager nor the secretary are on hand to provide a conduit.

    It always perplexes me when people get shirty about unwanted emails from neighbours being an “invasion of privacy”.

    Where’s the invasion?  If you get an email from someone and you don’t want contacting you, flag them as “spam” and you’ll never see them again unless you go looking for them.

    Too little communication is a much bigger problem in strata than too much.

    #43169
    Avatarsleepless in strata
    Flatchatter
    (from NSW)

    I would say the word residents is important here. Building managers need to know who is actually living in the building for lots of reasons. Emergency situations being the most pertinent. It really is in your interests that the BM has a current contact list of both email & mobile numbers.

    Increasingly I find people prefer their information via text message rather than email. Our building management portal allows for bulk messages to be sent out – this is used for important messages only. As a committee, our expectation is that the BM would keep the contacts list relevant. It helps us better manage the building and communicate with the residents in a timely manner.

    It is unlikely that the strata manager will have an up to date list of tenants.

     

    #43262
    Avatardoozy
    Flatchatter

    Thanks for this thread.  As Chairman of our strata committee, I’ve had a lot of trouble contacting owners regarding problems within their lot.   One ongoing issue has been a collapsing pergola (which was never approved). The only contact details the strata manager has is the property manager of the real estate, who is regularly delinquent at her  job. To communicate with the owner, I have to rely on our SM to contact the PM, then wait for the PM to contact the owner, for that communication to play out, then for the PM be bothered to reply to the SM, who might then get back to me.   It’s an absurd situation.

    I’ve asked the SM to assemble a list of contact details for all owners.  He’s said it’s contrary to the Privacy Act, (though he won’t elaborate as to which part).

    My question is, is there a definitive ruling as to whether the Committee can compile a list of owners’ contact details?  Is this situation really stymied by the Privacy Act?

    #43278
    Avatarsleepless in strata
    Flatchatter
    (from NSW)

    As an owner you are able to inspect all the books & records of your strata scheme. This will include the strata roll. Often the strata roll may not have phone numbers or email addresses, however it is likely that the strata manager does have a list of these. These should also be made available to you as they form part of the books & records in our view.

    As you are a committee member I would think it would be expedient for the strata manager to just supply you with this list.

    The following is as explained by a lawyer on a panel Q & A at Griffith Strata Conference in Sept 2019

    The privacy act does not prevent the release of personal information if you are required to by statute. Every state has a regime where people are required to allow inspection, including inspection of personal information as defined under the Privacy Act. You need to have a privacy policy which explains that to people & that’s often where the failure is, the managers who would be subject to the act not having an adequate privacy policy that explains that.

    Perhaps you can ask your strata manager to see a copy of his privacy policy?

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