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As a strata lot owner (WA & NSW) since 2017 I have spent too much time waiting for a misguided persons to allow me to inspect strata records (ie records OWNED by my strata scheme which are in the custody of a strata manager). These include records created by the strata management staff as the agents of the scheme.
While it is true that the Privacy Act exists, this legislation does not prohibit anyone from providing access to strata records IF there is legislation that imposes an obligation to do so.
In WA and NSW, at least, Secretaries of strata schemes have a statutory obligation to provide any and all strata records for inspection, within a specified time period, on receipt of an application and fee from an eligible person eg a lot owner.
When a strata scheme appoints a commercial manager to create and manage records on behalf of the scheme, it maintains ownership and control of them.
Unfortunately, strata lot owners collectively rather than strata managers, pay the price when records are wrongfully withheld and the situation is referred to a court or tribunal for adjudication.
Having read many posts from similarly frustrated lot owners I have decided to encourage the Strata Community Association to proactively reduce owner frustration and the unnecessary burden imposed on our justice system. I hope that the attempt will be supported by the forum posting a link that I apparently can’t include in my post.
- This topic was modified 1 month, 3 weeks ago by .
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I hope that the attempt will be supported by the forum posting a link that I apparently can’t include in my post.
Send the link and I’ll have a look – JT
This is an issue dear to my heart, having been involved in a knock-down, drag-out fight with the famous Stephen Brell of Netstrata over his company’s failure to make the strata roll available to my strata scheme’s secretary.
One email in particular accused me of “gaslighting” the committee by telling them that Netstrata was required by law to make the roll available.
That has now been resolved – we have the strata roll – but it does give you an idea of how some (not all) strata managers operate to keep owners in the dark and committees on a tight rein.
By the way, I have to say that my friends in the Strata Commissioner’s office were absolutely zero help in this regard. But that was before Brell fronted up to the fateful revelations on ABC TV.
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.
- This reply was modified 1 month, 3 weeks ago by .
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