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I am sure that recently there was a discussion on gaining access to the Strata Roll but I now can’t find it, so I will have to ask the question again.
My understanding is that a owner is entitled to obtain a copy of the Strata Roll from the Strata Manager– is this correct?
Assuming this is correct is the Strata Manager entitled to charge anything for providing it, either as a charge to the owner requesting it or as a fee to the Owners Corporation?
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You are allowed to SEE the strata roll at your Strata manager’s office. There is a set fee for this ($45). You may also be allowed to copy the strata roll minus any information that is deemed private such as email addresses that have been given to the strata manager on the basis that they would not be provided to anyone else. But the names and addresses of owners are NOT private.
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.
You are entitled to inspect the strata roll and take a copy of it, you may be required to pay a prescribed fee of $45 for inspection. Email addresses shouldn’t be kept on the strata roll because they aren’t required information under the Act.
There was a case about access to the strata roll recently, where the strata manager refused on Privacy grounds. He lost. Refer here.
https://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2013/45.html
A lot of SM will email (post) you a copy if you just ask at no charge. (well ours did anyway).
Our Committee is attempting to obtain a copy of the Strata Roll as they wish to dismiss the strata manager. A verbal request was made, however, it was refused on the grounds that it would breach the Privacy Act.
This was followed up by written request from our Secretary citing s22 and s108 of the Act, to which no response has been provided.
The strata management company (which is quite a large one based in Sydney) has become extremely uncooperative and unprofessional ever since they realised the Committee would be moving to dismiss them.
Is there anything we can do to obtain the Strata Roll in this circumstance? It is a catch-22 as we cannot call an EGM unless we can get a copy of it.
We are extremely frustrated at the moment and cannot believe a strata manager would act so unprofessionally.
@jeff.f said:
Is there anything we can do to obtain the Strata Roll in this circumstance? It is a catch-22 as we cannot call an EGM unless we can get a copy of it.SM have to be registered in NSW you could complain to the Gov dept responsible for this registration.
Or get the EC to take action as Scotlandx suggests.
Write the SM a letter, along these lines.
Dear SM
SP XX – Request for Strata Roll
I refer to our request for the strata roll of XX XX.
The effect of sections 98 and 108 of the Strata Schemes Management Act is that a lot owner has the right of inspection of the records of the Strata Scheme, which includes the strata roll. A fee may be charged for inspection and copying. The strata roll must include the names and addresses of the registered owners of the strata scheme.
I note that the right of inspection is not subject to the provisions of the Privacy Act, given the primary purpose of the strata roll.
I also note that as Secretary of the Strata Scheme I am entitled to require you to provide me with a copy of the strata roll.
Please provide me with a copy of the strata roll within 7 days of this letter. If you do not provide me with a copy of the strata roll I will lodge a complaint with the Department of Fair Trading.
@scotlandx said:
Write the SM a letter, along these lines. (See item 7 below – JT)I wanted to know with the great outline below is the chairperson of the committee able to request this instead of the secretary? I ask this as the chairperson in the past advised me she tried to obtain this information and was rebuffed by the Managing Agent and Managing Director on privacy grounds. I have personally asked the secretary about this after joint the EC and she simply said she does not have the list and does not want to seek it as she does want to leave this strata.
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