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  • #48176
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    This week in the podcast we revisit the vexed question of whether or not you should be allowed to view other owners’ email addresses.

    The SCA (Strata Community Australia – aka, the strata managers) website says this in its FAQ for apartment block neophytes:
    How do I obtain the phone number/email address/postal address of members of the committee?
    Due …
    https://www.flat-chat.com.au/podcast-58/

    #48185
    AvatarJAE in WA
    Flatchatter
    (from WA)

    Thanks for continuing to spread the truth about the entitlement of strata owners to inspect strata records.  Hopefully the following which I’ve learned (and tested) will help too. References to the most relevant caselaw is included.

    The Privacy Act is subordinate to other legislation and consequently does not entitle any strata company (or its agents) to withhold any strata record, even if obtained “confidentially”, IF the strata company is in a state or territory that has passed legislation that entitles owners to inspect strata records. (It is not necessary for there to be legislation which compels owners to provide information such as email addresses).

    Strata records include bank statements, arrears reports, ledgers and communications between the strata manager and/or members of the council/committee, other owners or their agents, government agencies or contractors.

    There is no obligation to specify certain documents/records or categories of same when requesting to inspect thevstrata records.  Nor is there any obligation to justify the request. see The Grange [2018] QBCCMCmr 44 (25 January 2018)

    They also include communications between the strata company and its legal advisors.  These can be withheld on the grounds that they are privileged from an owner or its agent IF they relate to litigation involving that owner but not from any other – see The Owners — Strata Plan No. 74602 v Eastmark Holdings Pty Ltd [2013] NSWCA 221(“Eastmark Case”)

    Unfortunately knowing the above won’t guarantee that owners will succeed in inspecting the strata records that others dont want inspected without a fight…my own strata company is currently [potentially] liable to be prosecuted for contempt of the Supreme Court of Western Australia…this could make them liable for penalties but won’t enable me to inspect what they’ve withheld. [2019] WASCA 190 Engwirda v The Owners of Queens Riverside Strata Plan 55728.

     

    • This reply was modified 2 months ago by .
    #48274
    AvatarColonel Schultz
    Flatchatter

    Thank you JAE!

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