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I would like to get a list of other owner names and addresses for our building of 24 lots. Am I entitled to get one from our strata manager, say, by email? Or would I have to discover’ the list, as he puts it, myself after paying $40 to examine our strata’s files?
Obviously I’m not going to tell him I want the list so I can write to all the owners to try and get him replaced because he’s such a slacko, am I!
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The correct procedure is for you to make application to your Strata Manager to inspect your Plan's records under Sect 108 of the NSW Strata Schemes Management Act (1996).
The Scheduled Fee is $30 for one hour of “inspecting” pus $15 for every 30 mins after that.
You can take whatever notes you like and/or you can photocopy any pages (although your Strata Manager will probably charge you for the latter), but you can't take any original papers from the file.
As secretary of our owners' corporation, I ask the strata manager for the roll and they supply it – most recently by email last week.
This approach was slightly problematic for our former (now sacked) strata manager – but even with them I would eventually get it after pointing out that failure to provide the roll could be seen as interfering with the independent operation of our Executive Committee.
If you're not on the EC, and don't get on with those who are, then that's a separate problem – Whale has pointed out correct procedures.
Another less formal approach is to contact residents directly – in person or by letter box drop – and simply asking people. For tenants, they may be willing to pass on details of their managing agent, if not their landlord. This has the side benefit of helping you get to know individual residents, who may be pleased that someone's actually paying attention to them.
Questions:
Could the Secretary directly email the agent and request a copy of the contact list by email? Because we don't want to directly communicate with the agent anymore, they have been terminated, just because they refused to return the books and records upon the OC's request.
We contacted one of the owner who's also the director of real estate agent on email with the notice of our last EGM, his email was published on the web. However the terminated agent accused us by saying we can't send out notice on the email which is not registered on the book. Is it the case? I know the manager was trying everything to stop us from convening the meeting. But to make sure we do things properly, I better double confirm this.
the secretary would be entitled to the owner list and the strata manager should send it to the secretary by email.
ilovebbq – Clearly, your Strata Manager is being difficult, but nonetheless he/she is correct in that the “address for service of notices” shown for each Proprietor is the correct one for sending “notices” such as the one to convene your EGM.
I know that it may be difficult, but in order to ensure that you indeed “do things properly”, you should write to your Strata Manager with a request to Inspect the Records under the provisions of S108, and I’m suggesting you do this in writing rather than by e-mail as you need to include the prescribed fee of $30 to cover the first hour of “inspecting”.
The Strata Manager then has 3 days to advise you of the date / time when the Records will be available for your inspection, and if he/she doesn’t do that, you can write again telling the Strata Manager when you will be coming into his/her Office to conduct that inspection – which can be on any day/time within their office hours that suits you provided it's within 10 days from when you wrote the first request.
As I said, this seems a lot of mucking around, but as you do want to ensure that you do things properly, this is the way to achieve that.
Thank you Whale! All noted now.
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