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I recall Strata Managers in NSW are required to keep and update the names and contact details for tenants in rented apartments. Is that still so?
If it is a requirement, could someone please say how this process works and who the onus is on to keep this information current? Is it the responsibility of the apartment owner? Is it the responsibility of the real estate property manager, if there is one?
Can the contact details of the tenants be made available to 1. the Strata Committee and 2. another owner / neighbour?
After years of quiet bliss where we own, our newest next door neighbour in this building has is a noisy, inconsiderate nightmare and not receptive to us asking politely for a brief conversation. Additionally, we suspect the original leesee has moved on and isn’t actually there at all, leaving less responsible occupants
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“Can the contact details of the tenants be made available to 1. the Strata Committee and 2. another owner / neighbour?”
Probably. However, if I were on the strata committee, I would add a layer of formality, review and record-keeping by preparing a letter and directing the strata manager to send it to the owner (as recorded on the strata roll) and the tenant(s) and/or rental agent if the manager has such details on record. Your manager might even have certain useful standard wording they use in such circumstances.
The OC is reliant on the owner complying with section 258 of the Act which requires notification of a tenancy within 14 days. The notice must include the name and address for service of notices of the tenant, and any agent details.
Owners often fail to do this, so if it comes to your attention you can ask the strata manager to contact the owner, but the onus is on the owner.
And if the owner fails to comply, you can seek fines of up to $550 for failure to notify the owners corp (strata committee) of changes of lease or sub-lease. By the way, even a verbal agreement that someone can stay in a property is effectively a lease under the Residential Tenancies 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.
If the strata manager is aware that units have been let, yet no tenant details have been provided, and the strata manager has been delegated all roles of the office bearers (including the secretary who under the act appears responsible for “maintaining the strata role”), do they then not have a duty of care to follow this up, or at least advise the owners corporation?
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