Sanctuary said:
The BC will give you a spreadsheet with all the owners contact details on it. You are entitled to the information.
You are entitled to see anything that forms part of the strata roll. That will include addresses but they might just be the addresses of lawyers or agents. They might not include phone numbers and email addresses.
Also, more generally speaking, Section 5 Of the Victorian Owners Corporation Act says this:
5. Owners corporation must act in good faith
An owners corporation in carrying out its functions and powers—
(a) must act honestly and in good faith; and
(b) must exercise due care and diligence.
Operating out of self-interest is not acting in good faith.
So what can you do? Well, you could raise a dispute with VCAT under Section 165 which is a virtual smorgasbord of potential actions you could take against a corrupt and/or incompetent owners corporation and/or strata committee.
165. What orders can VCAT make?
(1) In determining an owners corporation dispute, VCAT may make any order it considers fair including one or more of the following—
(a) an order requiring a party to do or refrain from doing something;
(b) an order requiring a party to comply with this Act or the regulations or the rules of the owners corporation;
(c) an order for the payment of a sum of money—
(i) found to be owing by one party to another party;
(ii) by way of damages (including exemplary damages and damages in the nature of interest);
(iii) by way of restitution;
(d) an order varying any term of a contract or agreement;
(e) an order declaring that a term of a contract or agreement is, or is not, void;
(f) an order declaring—
(i) the terms of a delegation; or
(ii) the meaning of a rule of the owners corporation;
(g) if an owners corporation is required under this Act to have a committee and a committee has not been appointed at or immediately after the first annual general meeting, an order appointing a committee of the owners corporation;
(h) an order appointing (with the person’s consent) or revoking the appointment of—
(i) the chairperson of the owners corporation;
(ii) the secretary of the owners corporation;
(iii) a member of a committee or subcommittee of the owners corporation;
(i) an order—
(i) appointing a person (with the person’s consent) as manager of the owners corporation, on specified terms and conditions;
(ii) revoking the appointment of a manager of an owners corporation;
(iii) imposing conditions or restrictions on the management by a manager of the owners corporation;
(j) an order in relation to damaged or destroyed buildings or improvements;
(k) an order as to the payment of insurance money under any policy taken out by an owners corporation;
(l) an order requiring an order to be recorded in the owners corporation register, the register of managers or in the Register kept under the Transfer of Land Act 1958;
(m) an order requiring the Registrar to amend the Register.
(2) In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate it thinks appropriate.
(3) VCAT may make any interim orders and ancillary orders it thinks fit in relation to an owners corporation dispute.
Note: Clause 51AD of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 provides that any
member of VCAT can make a declaration in a proceeding under this Act.
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.