NSW: Q&A Accessing Strata and Owners Corporation Information

The following question is from an NSW strata lot owner enquiring about the fees involved to gain strata roll access.

Table of Contents:

• QUESTION: When I applied and paid for a strata search, the strata manager only supplied my strata roll records, not the roll for the unit block. What information should I receive?
• QUESTION: How do lot owners request access to the strata records from the strata managing agent? Do I need to specify a subject matter, or can I request all records about a certain period of time?
• QUESTION: Our new strata management company requested financial details about lot ownership. Am I legally obligated to tell them whether the property is mortgaged?
• QUESTION: I’m the secretary and treasurer of our strata committee. After the AGM, I requested to see a proxy form. The strata manager refused, stating it could not be accessed for privacy reasons. Is this correct?
• QUESTION: Our strata committee recently approved the 6 month financials. As a lot owner, I’ve been refused access to the report. What rights do I have and how can I access the report?
• QUESTION: An owner is about to sell. Their solicitor has requested a copy of the latest owners’ meeting minutes. As secretary, am I required to provide the information? Is the solicitor an ‘interested party’?
• QUESTION: Our Strata Committee needs to issue a Statement of Claim for long overdue levies. Contact cannot be made with the lot owner. Our Strata Manager refuses to provide a copy of the Strata Roll to our Committee. What do we do?
• QUESTION: If you request documents from the Strata Managing agent and pay the fee required, what can you do if the Strata Manager doesn’t provide all requested documents?
• QUESTION: After many requests to our strata manager, the Executive Committee finally received the strata roll, although details are incomplete. The only way to communicate to all lot owners is by going through the Strata Manager. Is this usual?
• QUESTION: Can strata lot owners communicate directly with the strata insurer to request to review all insurance claims and payments?
• QUESTION: My apartment is undergoing major structural works. No details about the damage or repairs have been disclosed to me. As a lot owner, do I have any right to receive information directly related to my lot?
• QUESTION: Before approving our bathroom renovations, our current strata manager is demanding to see the records from 2009 renovations done by a previous lot owner. I’m not even sure who the strata manager was at that time. What can I do?
• QUESTION: I am an apartment owner in a large strata scheme of more than 100 lots. As a committee member and individual owner, can I access all bills and expense statements plus incoming money (Trust Account) statements anytime?
• QUESTION: I’m after strata records from a previous strata manager from over 10 years ago. How can I access these records?
• QUESTION: Can a member of the executive committee request a copy of the bank transaction history of our Strata Plan?
• QUESTION: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners.
• QUESTION: As an owner do I have the right to approach committee members for information about current issues and does the committee member have the right to share that information?
• QUESTION: I am a member of the Executive Committee. I’ve noticed there is an expense item listed in the Financial Report that looks questionable. I asked the secretary to forward me a copy of the invoice but I was ignored. What is the next step?
• QUESTION: Can my neighbour exclude me from accessing the insurance Policy?
• QUESTION: I have been told that the Committee do not make their details available. I find it very strange that as an owner I don’t have the right to know who the committee is. Is this allowed?

Question: When I applied and paid for a strata search, the strata manager only supplied my strata roll records, not the roll for the unit block. What information should I receive?

I recently applied and paid for a strata search. Our strata records are kept electronically. The strata manager would only supply the strata roll records related to my unit, not the roll for the unit block. They said I only paid for a standard search and supplying all roll details would cost more. What information should I receive?

Answer: I suggest you return to the strata manager to follow up on your request. 

Under the NSW Strata legislation, the owners corporation must provide access to all records kept for the strata plan, including the strata roll (section 182 of the Strata Schemes Management Act 2015).  It sounds like you have made a valid written request to search the records and paid the prescribed maximum fee ($31.00 plus GST). 

Some strata managers insist on charging higher fees for online/remote searches of strata records. In my opinion, this is a breach of the strata law. In any case, if the strata manager has provided part of the strata roll, I can see no reason why the entire strata roll should not be provided to you as part of the records search. I suggest you return to the strata manager and follow up on your request.  

Michael Ferrier
EYEON Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the July 2024 edition of The NSW Strata Magazine.

Question: How do lot owners request access to the strata records from the strata managing agent? Do I need to specify a subject matter, or can I request all records about a certain period of time?

How do lot owners request access to the strata records from the strata managing agent? Do I need to specify a subject matter or can I request all records about a certain period of time?

Do the records contain all communications between owners and the strata manager? Can I download the information to an external device, or will I be limited to view-only access? 

In our strata scheme, owners are completely in the dark, and this seems to be deliberate.

Answer: Ask for documents for a certain period of time.

You need to write to your strata manager requesting an inspection of the books and records pursuant to section 182 of the Strata Schemes Management Act 2015. The section sets out the documents that must be provided.

I suggest asking for documents for a certain period of time. This allows the strata manager, if they have the time and inclination, to show you either electronically or in person (if the books are physical books) where these documents are. Another reason to do so is if you want documents from a long time ago, the books are physical books and are off site. You can request copies of the documents under section 183.

Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990

This post appears in Strata News #682

Question: Our new strata management company requested financial details about lot ownership. Am I legally obligated to tell them whether the property is mortgaged?

We have a new strata management company. They have sent owners a letter to update their current information, including the details of the financial status of ownership, i.e. is the property owned or mortgaged? If mortgaged, who is the loan with? If the mortgage has been discharged, what is the date of discharge?

This information is private and has nothing to do with our property’s management. I do not wish to give this information. Am I legally obligated to tell them?

Answer: Secretaries or strata managing agents often remind owners to provide legally required accurate information.

When a person or corporation takes ownership of a lot in a strata scheme, they are required to give notice of this under section 22 of the Strata Schemes Management Act 2015 (NSW) (‘the Act’).

That notice (known as a “strata interest notice”) ultimately gives that person the right to vote in meetings and generally to be recognised as an owner in the strata scheme.

Specifically, the legislation states, “the strata interest notice must specify the following information and, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee”.

It is, therefore, incumbent on an owner to provide this information, and it is usually provided by conveyancers during the sales process.

The reason for this? There are over 80 references in the Act where mortgagees are required to be given notices or can be jointly liable. In this article, I will refrain from attempting to explain all of these requirements.

From time to time, owners may forget to provide certain information that is supposed to be provided and recorded on the strata roll of a strata scheme. It is, therefore not uncommon for a secretary or strata managing agent to write to owners to remind them to provide accurate information that is supposed to have been given under law.

For more information about the specific details an owner must give, we refer to section 22 of the Act.

Tim Sara
Strata Choice
E: tsara@stratachoice.com.au
P: 1300 322 213

This post appears in the November 2023 edition of The NSW Strata Magazine.

Question: I’m the secretary and treasurer of our strata committee. After the AGM, I requested to see a proxy form. The strata manager refused, stating it could not be accessed for privacy reasons. Is this correct?

I’m the secretary and treasurer of our strata committee. After a meeting, I requested our strata managing agent provide access to a signed proxy form from the last AGM and strata committee meeting. We were voting on extending the strata managing agent’s contract, budget, committee officers, etc.

During the meeting, the strata manager did not inform the members of the details contained in the proxy. The strata manager stated that proxy forms were filed under the lot and were not able to be accessed for privacy purposes.

As an owner and secretary of our strata committee, am I entitled to know the details of a signed proxy?

Answer: The strata committee are entitled to records to the owners corporation, upon request, from the strata manager and there’s no fee.

The answer is yes. The strata management gave you incorrect advice. The strata committee are entitled to records to the owners corporation, upon request, from the strata manager, and there’s no fee. Refer to Section 41 Records to be prepared by strata managing agent of the Property, Stock and Agents Regulation 2022.

The strata manager should immediately provide you with a copy of that proxy form. If a mistake has been made, then the owners corporation will need to work out what to do in terms of voting and so forth, but the information should be provided to the secretary.

Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547

This post appears in the October 2023 edition of The NSW Strata Magazine.

Question: Our strata committee recently approved the 6 month financials. As a lot owner, I’ve been refused access to the report. What rights do I have and how can I access the report?

Our strata committee recently met and approved the 6 month financials. As a lot owner, when I noticed this in the minutes of the meeting, I asked for a copy of the 6 monthly report to review. The committee refused to give me the report saying I must wait for the annual meeting to get the annual financials. Our Strata Management company does not have a portal. What rights do I have to see the 6 month financial report and how can I access it?

Answer: To obtain access to the records, you need to submit a request to the strata committee or the strata manager.

As an owner in a NSW strata plan, you have the right to inspect the records of the owners corporation at any time. Take a look at this link for more information about record keeping and access to records by owners.

Essentially, to obtain access to the records, you need to submit a request to the strata committee or the strata manager. There is a fee payable of $34.10 to access the records. If you arrange for someone to inspect the records on your behalf, there will be additional fees.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the May 2023 edition of The NSW Strata Magazine.

Question: An owner is about to sell. Their solicitor has requested a copy of the latest owners’ meeting minutes. As secretary, am I required to provide the information? Is the solicitor an ‘interested party’?

Answer: An owner, or someone authorised by an owner, is entitled to search the records of their strata plan.

An owner, or someone authorised by an owner, is entitled to search the records of their strata plan. Therefore, the solicitor representing an owner should be allowed to request access to strata records, including recent meeting minutes.

The records for the building belong to the owners, not just the person who maintains the records or the strata committee.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the April 2023 edition of The NSW Strata Magazine.

Question: Our Strata Committee needs to issue a Statement of Claim for long overdue levies. Contact cannot be made with the lot owner. Our Strata Manager refuses to provide a copy of the Strata Roll to our Committee. What do we do?

Our Strata Committee has been advised to issue a Statement of Claim for long overdue levies.

Contact cannot be made with the lot owner.

Our Strata Roll shows a company as the owner of the lot, with a post box address only and a disconnected mobile number.

Our Strata Manager refuses to provide a copy of the Strata Roll to our Committee.

Does the address have to be a street address?

Can our Owners Corporation insist that a physical address is provided?

Can our Strata Manager refuse to provide a copy of the Strata Roll?

Answer: The strata roll is the owners corporations strata roll and is its property – not the strata managers.

Owners are required to provide an address for service of notices. This does not need to be a street address.

The owners corporation/recovery agents would be able to conduct searches on the lot owner (company) and pursue collections.

The strata roll is the owners corporations strata roll and is its property – not the strata managers. The owners corporation/strata committee can do with it what it sees fit under the Act and is actually required to produce it if requested when people are conducting strata searches.

The strata committee can require the strata manager to produce records in accordance with Section 181 of the Act.

Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
P: 02 9902 7100

This post appears in Strata News #598.

Question: If you request documents from the Strata Managing agent and pay the fee required, what can you do if the Strata Manager doesn’t provide all requested documents?

What happens when you request documents as per Sec 182 and 183 from the Strata Managing agents and pay the fee required, and the Strata Manager doesn’t provide all requested documents?

When we requested that Strata Management provide documents that were missing (and within the 7-year period) from the request, they informed us that they didn’t have them on record.

These requested documents include Quotes for repairs, invoices relating to repairs, profit and loss or income and expenditure for each financial year, insurance claims made and accepted or rejected, balance sheets for each FY and so on.

Answer: If all requested documents are not supplied, it does not necessarily mean the strata manager is withholding documents.

We search strata records every day and we often find problems with the quality or completeness of the records. This issue often arises following a change in strata manager. When this occurs, the records are required to be transferred to the new manager. However, in many cases the records are transferred as a dump of files with no file names to indicate what they are. The new strata manager then needs to search through these files to find old records. Often this process means only a portion of the past records make it into the new manager’s records keeping system.

The missing documents you have listed seem to be “core” documents, like financial statements. Depending on the age of these documents, we would expect these to be available in normal circumstances. In some cases, like legal action, some documents are held separately for legal privilege reasons.

I hope this helps to explain that this is a problem that occurs too often. It does not mean the strata manager is withholding documents.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the August 2022 edition of The NSW Strata Magazine.

Question: After many requests to our strata manager, the Executive Committee finally received the strata roll, although details are incomplete. The only way to communicate to all lot owners is by going through the Strata Manager. Is this usual?

The Executive Committee of our strata asked through the right channels to receive the strata roll from the Strata Managers. After many excuses mostly regarding privacy laws, we finally got some watered-down and incomplete details. In particular, we did not receive the owner’s details (e.g. emails and phone numbers) for the apartments that are rented, which is what we had requested.

In case of emergencies or if the committee wishes to communicate any information to all the owners, we can’t do it. The only way is to go through the Strata Managers.

I am the Secretary of the committee and when trying to relay important information, it’s delayed because we don’t have all the owners information. We believe that the Strata Manager should provide us with the full and complete details of the strata roll. Is this a reasonable assumption?

Answer: The information may be missing from the strata roll for a reason.

One of the duties of the Secretary of a Strata Committee is to maintain the Strata Roll (in accordance with section 43(c) of the Strata Schemes Management Act 2015 (‘the Act’)), and therefore the Secretary has the right to obtain a copy of it from the Strata Managing Agent.

Anybody else wishing to obtain a copy can do so via an inspection of the records. It is section 182(3)(a) of the Act that requires this to be given as part of the records to be inspected.

Section 178 of the Act then prescribes what information must be included in the strata roll, which is:

1. the name of the holder of the estate in fee simple in the lot (in the case of a freehold strata scheme) or the holder of the leasehold estate in the lot (in the case of a leasehold strata scheme),
2. an address for service of notices,
3. an Australian postal address, and an email address if the holder has one, if not provided as the address for service,
4. the name of the holder’s agent (if any) appointed in accordance with this Act and the agent’s address for service of notices,
5. information provided under a strata interest notice,
6. information provided under a tenancy notice.

As we see, only the name and address (either postal or email – whichever they have chosen to give) of an owner must be recorded along with any information given either under a strata interest (or “section 22”) notice or tenancy notice.

Furthermore, the information required to be given with a strata interest notice is clarified under section 22 of the Act, being:

1. the person’s full name and an address for service of notices,
2. the lot concerned and the exact nature of the person’s interest in it,
3. the date on which the person acquired the interest,
4. if the voting entitlement conferred by the interest is one that, according to this Act, is to be exercised by a nominee, the nominee’s full name and address for service of notices.

Similarly, for a tenancy notice given under section 258 of the Act, the following information must be given:

1. the name of the tenant and an address for service of the tenant, and
2. the date of commencement or assignment of the lease or sublease, as the case requires, and
3. the name of any agent acting for the owner in respect of the lease or sublease.

There’s no mention in any of the legislation about the phone numbers of owners/tenants needing to be given, or email addresses for tenants. An owner may have volunteered the phone numbers in addition to the above mentioned requirements, so if they did, then that too should be recorded on the strata roll (as the legislation regarding what must be recorded on the strata roll includes “information provided under a strata interest notice” or tenancy notice).

The same applies to email addresses unless the owner has given their email address as their address for service of notice (instead of a postal address).

Therefore, this information may be missing from the strata roll for a reason.

However, it is not uncommon for a Strata Managing Agent to have been given contact information of residents during the performance of their duties and to record that information for the purpose of managing the strata scheme. In that event, there should be no reason not to give this to the Secretary as it would form part of the Owners Corporations’ records anyway (so long as the information was given to them by choice of the person whose information it is, otherwise it may be a breach of their privacy) even though it may not form part of the strata roll.

Lastly, the private contact information of anyone should not be given out unless it is strictly being done in the process of managing the owners corporation (for example, giving a tenants number to a tradesman to arrange access for repairs). It should not be shared with the Committee or others as that would constitute a breach of privacy.

Tim Sara
Strata Choice
E: tsara@stratachoice.com.au
P: 1300 322 213

This post appears in the December 2021 edition of The NSW Strata Magazine.

Question: Can strata lot owners communicate directly with the strata insurer to request to review all insurance claims and payments?

Can owners of a strata property request directly from the Strata Insurer to review all claims and payments? I believe you can submit a claim but our request to view all activity directly has been refused. As paying owners I would have thought this would be possible?

Answer: Generally, the insured is the Owners Corporation not the individual lot owners.

Generally, the insured is the Owners Corporation. It’s the Owners Corporation that will have that relationship with the insurer directly. However, everything has to be kept on record, so this particular owner can actually conduct a search of the books and records where everything needs to be made available by the secretary or the Strata Managing Agent (if there’s an agent involved), and that information includes the claims history.

You could write to your Strata Managing Agent or your committee seeking a copy of the claims history. If they refuse to provide it to you then you should ask if a claims history is on record. If there is one on record, then you should book in a search to the books and records, and the claims history should then be made available along with all other records relevant to your scheme.

If there isn’t a claims history on record, as an owner, you are entitled to view it so I would be asking the strata committee to uplift a claims history from the broker or insurer direct, place it on file if they’re refusing to provide it to you and do a search to the books and records. Again, the Owners Corporation should not be refusing access to this information. As a lot owner, you contribute to the annual premiums. You are an interested, insured party being an owner of the Owners Corporation. So I will definitely be seeking that claims history and they should not be refusing it.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in the December 2021 edition of The NSW Strata Magazine.

Question: My apartment is undergoing major structural works. No details about the damage or repairs have been disclosed to me. As a lot owner, do I have any right to receive information directly related to my lot?

I am a lot owner in Sydney where currently three apartments are undergoing major structural and insurance repair works to the large terraces within each lot.

My lot is one of the major lots that is affected.

The other two lots are owned by the chairman and a committee member.

The chairman has refused to release any reports or provide detailed updates regarding the repairs and the major defects they have found within my lot, ie structural cracking of the terrace balustrades and exterior walls etc.

I have recently been advised by the repairer that the support beam to our living room has rusted 2/3 through and that emergency works need to be undertaken to stabilise our apartment.

We are currently in temporary accommodation due to the works and we receive no updates except that engineers have been engaged.

I have heard nothing about the rusted beam from the OC or our strata agent despite my query to them to let me know what is happening.

Besides inspecting Strata records, should I as an affected lot owner have any right to receive information that is directly related to my lot?

Answer: Do a search of the owners corporation books and records

I suggest doing a search of the books and records via your strata manager.
You are entitled to arrange this as an owner. It’s only $34.10 to arrange and they are required to place the reports (if they have any) on file.

This is the way to go.

If you want a professional to do the search, it will cost more (probably $300). Cleaver Consulting are good if you need a name.

This is of course assuming that a report has been done which I assume it has. ‘Arranging an engineer’ could mean anything, especially from a strata committee!

Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547

This post appears in Strata News #518.

Question: Before approving our bathroom renovations, our current strata manager is demanding to see the records from 2009 renovations done by a previous lot owner. I’m not even sure who the strata manager was at that time. What can I do?

We are wanting to do some bathroom renovations to our unit. A previous owner renovated in 2009. The current Strata Manager and Owners Corporation are aware that approval was given by the previous Strata Manager but are demanding the records showing approval to renovate. 

I can’t find out who the Strata Managing agent was for that time period, and I’m not sure how else I could find these records.

Answer: There is a risk that records from 2009 may have been archived or destroyed.

The main problem you may face is that strata records must be kept for 7 years, so there is a risk that records from 2009 may have been archived or destroyed by now. I assume that the owners corporation are asking for proof that the previous bathroom renovations were approved in 2009.

If they are aware that a previous strata manager advised approval was given, they must know who that Strata Manager was. You are entitled, as an owner, to get access to the owners corporation records for your building. Those records may include the advice from the previous manager, or may include the records from that manager, going back to the time of the 2009 renovations.

You should arrange a search of these records. If you are not confident about searching the records yourself, you can request a property inspection business, like ours, to carry out the search on your behalf. Please don’t hesitate to contact us to discuss this issue further before taking any action. We are happy to assist, even if you don’t engage us to carry out a records inspection for you.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the October 2021 edition of The NSW Strata Magazine.

Question: I am an apartment owner in a large strata scheme of more than 100 lots. As a committee member and individual owner, can I access all bills and expense statements plus incoming money (Trust Account) statements anytime?

Answer: Strata managers generally maintain a portal via their strata software which allows access to this information at any time.

There’s no different provisions for large strata schemes (more than 100 lots) than there is for other strata schemes when it come to records and financial statements.

As an owner within a strata scheme, the requested documents relating to income and expenditure for your strata scheme are available via a search of the owners corporation records arranged with the owners corporation (generally via the strata manager).

It is generally the case that strata managers will issue committee member’s financial statements monthly or on request. There may or may not be a charge for this under the agreement.

Strata managers also generally maintain a portal via their strata software which allows access to this information at any time.

See below sections of the Act which are relevant.

STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 182 – search of books and records

STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 93 – financial statement requirements

Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
P: 02 9902 7100

This post appears in the October 2021 edition of The NSW Strata Magazine.

Question: I’m after strata records from a previous strata manager from over 10 years ago. How can I access these records?

I am a lot owner in NSW. Our building underwent rectification works in 2007 / 2008.

I’m after copies of the Special Levies for the rectification works. The strata manager from that time is not being very compliant with my request for access to information.

How can I obtain copies of these strata documents?

Answer: Due to the time elapsed, it is likely the records have been archived (or even possibly destroyed)

I assume from your question that the strata manager from that time is not your current strata manager. In this case, they should have transferred all records to the new strata manager. Due to the time elapsed since 2007-2008, it is likely that the records would have been archived (or even possibly destroyed). It is our understanding that strata records must be kept for at least 7 years.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the September 2021 edition of The NSW Strata Magazine.

Question: Can a member of the executive committee request a copy of the bank transaction history of our Strata Plan?

Answer: The strata committee should convene a meeting and pass a resolution requiring the bank transaction history, and then have the Secretary give notice to the person holding those records.

Under section 181 of the Strata Schemes Management Act 2015 (NSW) the strata committee may give “notice to a person who has possession or control of property (including records) of the owners corporation requiring the person to deliver the property to the strata committee”. Furthermore, “the person must, not later than 14 days after the notice if given, deliver that property to a member of the strata committee specified in the notice”.

The maximum penalty for failure to comply with this request is 20 penalty units (a penalty unit is currently $110 per unit).

To facilitate this, the strata committee should convene a meeting and pass a resolution requiring the bank transaction history, and then have the Secretary give notice to the person holding those records.

If the records are still not provided, then orders can be sought from the Tribunal under section 188 of the Act to hand over those records.

In the case of a strata managing agent holding these records, the Treasurer would be within their rights to request the records, as the keeping of these records is very likely to be a function being exercised by the strata managing agent on behalf of the owners corporation, strata committee and Treasurer.

Otherwise, any owner, or person authorised by an owner, can inspect records (including the bank statements) in accordance with sections (182) and 183 of the Act (also known as a “strata search”).

Tim Sara
Strata Choice
E: tsara@stratachoice.com.au
P: 1300 322 213

This post appears in Strata News #491

Question: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners.

Answer: Strata Community Australia has a Code of Ethics, see link below:

Strata Community Australia has a Code of Ethics: Code of Conduct – Strata Community Association

The Privacy Act would extend to the Owners Corporation on the basis that it collects, stores and uses personal information.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in Strata News #488.

Question: As an owner do I have the right to approach committee members for information about current issues and does the committee member have the right to share that information?

Answer: You have automatic rights to be apprised of all current issues affecting your scheme.

While an open relationship with the strata committee is to be encouraged, you have automatic rights to be apprised of all current issues affecting your scheme. You are entitled to copies of all minutes of meeting and decisions made (see below emphasis added).

Schedule 2, 17 Minutes and other records

1. Records to be kept A strata committee must cause to be kept a record of its decisions, any notices given under this Schedule and full and accurate minutes of its meetings.
2. The minutes must include minutes of all resolutions passed in accordance with this Schedule.
3. Distribution of minutes and records of motions Within 7 days after a meeting of a strata committee or the passing of a resolution by the strata committee, the strata committee must provide copies of the minutes of the meeting or of the resolution in the following manner:
   
   1. by giving each member of the strata committee a copy,
   2. by giving each owner a copy, if the strata scheme is not a large strata scheme,
   3. by giving an owner a copy, if the strata scheme is a large strata scheme and the owner requests a copy within the period of 7 days.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in Strata News #480.

Question: I am a member of the Executive Committee. I’ve noticed there is an expense item listed in the Financial Report that looks questionable. I asked the secretary to forward me a copy of the invoice but I was ignored. What is the next step?

Answer: I think the simplest solution for you is to arrange to inspect the records of the strata plan.

I think the simplest solution for you is to arrange to inspect the records of the strata plan. Any owner has a legal right to inspect the records of the strata plan. If the records are held by a strata manager, the inspection request can be sent to them.

In many cases, an email should be sufficient. Some strata managers are more strict about the form of the request. If the strata plan is self-managed the request should be sent to the person who holds the records. On receipt of the request, the owners corporation is required to make the records available at a time and place agreed between the parties.

If the secretary is the holder of the records and does not make the required records available, I would suggest contacting the other members of the strata committee about the matter. If appropriate, the members of the strata committee could call a general meeting of the owners with the purpose of discussing this matter.

Alternatively, you could raise the matter at the next annual general meeting of the strata plan. I hope that helps.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in the June 2021 edition of The NSW Strata Magazine.

Question: Can my neighbour exclude me from accessing the insurance Policy?

Can my neighbour exclude me from accessing the insurance policy.

We have a dispute over a fence and he hasn’t put my name on the policy and says if I need to claim regarding the fence he won’t process it. He rents his duplex out but the policy says 100% owner-occupied. 

Answer: As a party with an insurable interest in the policy, you are entitled to lodge a claim on the policy and the other owner is not able to stop you from doing so.

When you purchase a strata property, the owners corporation are responsible for insuring the building. The insurance policy includes insurance for lot owners property and lot owners contribute to the costs of the policy, thus meaning they have an insurable interest in the policy.

As a party with an insurable interest in the policy, you are entitled to lodge a claim on the policy and the other owner is not able to stop you from doing so.

If the other owner seeks to restrict access to the policy, my recommendation is to deal directly with the insurer and ask to lodge a claim.

Should the other owner seek to block your attempts to claim on the policy or if the insurer initially refuses your ability to claim on the grounds you are not an authorised party, you should be able to enforce your insurable interest in the policy by going through the insurers dispute resolution process.

The Strata Management Act does not give an owners corporation the ability to restrict a party that has an insurable interest from lodging a claim.

In the course of assessment, the insurer will need to determine whether the damage is covered (or excluded) by the policy – this happens after the claim is lodged.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
T: 07 3899 5129

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in the February 2021 edition of The NSW Strata Magazine.

Question: I have been told that the Committee do not make their details available. I find it very strange that as an owner I don’t have the right to know who the committee is. Is this allowed?

I have recently purchased and moved into a unit in NSW. I have been told that the Committee do not make their details available. All correspondence must go through the Strata Manager. I find it very strange that as an owner I don’t have the right to know who the committee is – especially the Chairperson, Secretary and the Treasurer.

I previously lived in another unit where I was the Secretary and everyone in the complex knew who the Committee was and their contact details. I own a holiday unit in QLD and was on the Committee there as well for a while – the contact details of the committee were and still are available to everyone.

Is this allowed?

Answer: As far as I’m aware there is no obligation for strata committee members to circulate their contact information.

Under NSW law, the Strata Committee must be elected at each annual general meeting of the strata plan. The minutes of the AGM would include the names of the strata committee members elected. As an owner you are able to access meeting minutes, including strata committee minutes where they hold separate meetings. The strata manager will be able to provide any minutes you require. It is common for the strata manager to look after all correspondence for the building in order to make sure all communications form part of the records for the building. As an owner you have a right to access the records for the building.

As far as I’m aware there is no obligation for strata committee members to circulate their contact information.

Michael Ferrier
Eyeon Property Inspections
E: michael.ferrier@eyeon.com.au
P: 02 9260 5510

This post appears in Strata News #445.

Read next:

• NSW: How Much Is A Strata Report OR 10 Steps to a DIY Strata Report
• NSW Q&A Can We Contact All Owners to Rally for a New Committee?

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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