Thursday, 20th January 2022

register | forgot password?

Can I Get Access to Our Strata Roll?

Wednesday, 21st May 2014

Sydney's leading strata lawyers and NSW Fair Trading tell you why and how.

Sydney’s leading strata lawyers and NSW Fair Trading tell you why and how.

It seems to be a constant battle.  Owners want access to the strata roll for their buildings and some managers refuse to supply the information.

“Some strata managers who know an owners corporation is unhappy with their performance, refuse to give out the strata roll information, so owners can’t call their own general meeting,” James Moir from JS Mueller Lawyers said.

“They use "privacy concerns" or something similar as an excuse, but in fact there are no privacy laws over-riding their obligation.

“Ask the strata manager to name them.

“Under section 108, any owner may ask to see the strata roll and can also take a copy.  The owners corporation can take action in

“The strata manager has to remember that the owners corporation owns this information and the strata manager is only acting as their agent,” he said.

But according to Daniel Russell from Chambers Russell Lawyers the expectation on how the strata roll is supplied is also a problem.

“In my experience the problems arise when lot owners think they have a right of access outside of section 108,” Daniel said.

“So owners think that their manager should just email them a copy.

“If, however, a manager fails to give the strata roll during a 108 search or on reasonable request from executive committee members then there is a power for an adjudicator to order them to produce it.

“Both the inspection rights and the adjudicator's power both get around the privacy act considerations. There are other questions surrounding whether the privacy act applies but since the only right to access the strata roll is under those provisions, the privacy act does not apply to them, and there is a no-costs dispute resolution mechanism, it is a legislative non-issue in my view,” he said.

According to Colin Grace of Grace Lawyers, the clash with getting information from a strata scheme lies in three areas.

Section 108 of the Strata Schemes Management Act which allows an owner (or their representatives) to search the records of the owners corporation (and this means predominantly all records including the strata roll).

Documents held by an owners corporation that are part of a disputed matter between parties (subject to legal professional privlege.

“Without going into all of the legal issues the basic rules are that an owners corporation is required under section 108 to allow all of the relevant records to be searched by an owner,” Colin says.

 “In relation to the strata roll it is the details of the owner, their address for service of notices and any agent involved. 

“Where in my view the privacy legislation crosses over is where some strata schemes (and managing agents) obtain more personal details like phone numbers and private email addresses.  The issue then becomes what is the purpose of that information’s use?

“If the private information is given to a strata scheme or managing agent as a business record then this information may not be part of the strata schemes records.  At this stage there is no real case to assist schemes in what to do. 

“I believe that the basic information is accessible but the private information may not be if it was given for the purpose of contact by the secretary or managing agent only and not for inclusion on the strata roll.

“Finally the Courts have decided that where there is a dispute between parties (like an owner and the owners corporation) those documents may not need to be provided to the other party and are subject to legal professional privilege. 

“However the extent of how far this “exemption’ goes to providing information is still to be decided.  In these instances I recommend that the person requiring access to the documents obtain some advice on what may or may not be accessible.”

And David Bannerman from Bannermans Lawyers has a very comprehensive take on the subject.

“There seems to be a common misconception that an owners corporation requires permission from its strata managing agent to access the strata roll and other records maintained for it by its agent,” David said.

According to David access is often denied, frequently citing privacy law concerns. This is a misconception, because these are the owners corporation's own records and it is entitled to them under various legal principles.

In particular:

The general principle under agency law is that documents created or held by agents in that capacity are the property of the principal, in this case the owners corporation. Although this would be subject to any contrary provision in the agency agreement, such a provision would be unusual and is not contained in the most commonly used templates.

Failure by an agent to provide access may constitute a breach of the agency agreement, the agent’s associated fiduciary duties or give rise to a cause of action in tort, e.g. conversion or detinue. In other words, the owners corporation may be able to sue the agent and hold the agent liable for any loss suffered by the owners corporation.

Owners corporations also have powers under section 105 of the Strata Schemes Management Act 1996 (“SSMA”), which provides in effect that an executive committee can give notice to a person in possession or control of property (including records) of the owners corporation requiring the person to deliver the property to a specified executive committee member, non-compliance being an offence with a maximum penalty of $2,200.

Further, failure to provide access may constitute a "failure to account”, justifying appointment of a manager or receiver under Part 9 of the Property Stock and Business Agents Act 2002 or action of a type justifying disciplinary action under Part 12 of that act.

These rights, including under section 105 of the SSMA, are subject to any claim or lien which the agent may have in relation to the records. However, whether an agent has a lien at all, which records it applies to and whether it negates rights under section 105 are all complex questions requiring further legal advice if a lien is asserted.

“An inspection under Section 108 of the SSMA is not required,” David said.

“That is a procedure available to third parties, e.g. lot owners and is not required by an owners corporation, which is after all seeking access to its own documents, for which it requires no authority.

“The privacy laws do not prevent an agent from disclosing, to its principal, information collected or held on behalf of its principal.

“In fact, the privacy legislation permits personal information to be collected, held, used or disclosed if required or authorised by law. The collection/access in issue is required by various provisions of the (“SSMA”). In other words, there is no sound basis for an agent to claim privacy concerns as a basis for withholding access.

“Another common claim by agents, which is also incorrect, is that the relevant records are the agent’s own business records. “Records prepared solely for the agent's own use may be excluded, but the strata roll and other documents normally sought by an owners corporation do not fall into that category.

“Accordingly, owners corporations should not feel frustrated by such situations, as there is a great deal which they can do if denied access to their records.”

And from NSW Fair Trading, Commissioner Stowe has this to add.

“Section 98 of the current Strata Management Act sets out what must be in a strata roll (e.g. names and addresses of owners),” Commissoner Stowe said.

“Under section 108, any owner may ask to inspect the strata roll and also take a copy. The strata manager can charge a fee for this. The Regulations specify a maximum fee ($30 for the first hour) that can be charged.

“It is the decision of the strata manager whether they charge the maximum fee and on what basis they make the roll available – i.e. hard copy inspection only or send electronically. In some instances only a hard copy will be available, because, for example, they haven't scanned the information.

“If a strata manager fails to provide access, the owners corporation can take action in the NCAT .

Also, the Property Stock and Business Agents Regulation provides that managing agents must respond to requests from the Executive Committee to inspect records within 14 days.

“Complaints and alleged breaches can be reported to Fair Trading and  result in penalties of up to 20 units for individuals ($2,200) or 40 penalty units ($4,400) for corporations,” he said.


Bookmark and Share

Comment from boy25875 on Sunday, 10th December 2017

It will be easier for you to identify the blog websites and posts you need to tweak if have been using statistics count tools providing visits and traffic details.

Comment from boy25875 on Tuesday, 14th November 2017

Creating a blog website can be one of the most powerful decisions you can ever unity gone it comes to your matter. It acts taking into consideration a central hub where you can profit most of the traffic which can slant into leads and even sales! Check out 2 big promote of creating a blog website here. You realize not throb to miss this! jiofi local html login [1] [1]

Comment from stdobre on Friday, 20th October 2017

It's nice to find the post. Thank you for sharing! It's nice to know about the information.

Comment from boy25875 on Friday, 28th April 2017

As with every other written piece, there are ways to secure that your blog post is of premium quality. Since writing compelling, high quality content is the only way to have a go at a blog salary, you must be very particular about such detail. You should keep it in mind whenever you are starting to make a post. paper writer

Comment from Jack kevin on Tuesday, 14th June 2016

On the off chance that the trees are basic property, it is the proprietors company's obligation. In the event that the trees are a write my assignment for me piece of your part – you are mindful.

Comment from hesecret9097 on Monday, 14th December 2015

合成麻薬「ケタミン」を使用した歌手の詩音(26)が偽ブランド横浜地裁で、懲役1年、執行猶予3年の有罪判決を言い渡された。詩音は「芸能界でやり偽ブランド直したい」と更生を誓ったものの、麻薬の入手先については知人から購入したと語ったのみで「後で何をされるか分からず、怖くて言えない」シャネル偽物と詳しい供述を拒んだ。 押尾学、酒井法子、赤坂晃など、麻薬事件で芸能人が逮捕される事件が相次ぎ、芸能界の麻薬汚染が叫ばれているが、いずれも入手先については「外国人から買った」などのシャネルj12コピー"常套句"で片付けられ、酒井法子事件では夫の高相祐一が「奄美大島のレイブ会場で覚せい剤とパイプを拾った」などと信じがたい供述をしている。 芸能人が麻薬事件で逮捕されるたびに、マスコミなどを通じて「入手先が解明されて芋づる式にタレントや有名人が捕まる」というウワサが流れるが、入手ルートが明らかになった試しはない。ヴィトン偽物1977年に、井上陽水、研ナオコ、ブランド靴コピー桑名正博、にしきのあきら、上田正樹らが大麻所持で相次いで逮捕されたことはあるが、芸能人が芋づる式に逮捕されたのは、これが最初で最後となっている。 逮捕されたタレントたちの供述は本当なのだろうか。シャネル靴コピー麻薬の流通に詳しい人物に話を聞いた。 「麻薬の入手先というのは無数にありますが、芸能人や有名人にドラッグを流しているルースーパーコピートは限られています。名前が知られている芸能人だからこそ、下手なところからは買えないわけです。『外国人から買った』などの供述は、ほとんどがウソでしょうね。本当に外国人から買って、シャネルスーパーコピー万が一、その売人が警察に引っ張られたらスーパーコピー簡単に客のことをゲロするでしょうから、芸能人にとってはリスクが高過ぎる。ゆすり、たかりをされる危険性もあります。海外ならまだしも、国内で見ず知らずの売人から買う芸能人はいないでしょう。芸能人は限られた"信頼できるルート"から、知人などを介して買っているはずです」

Comment from tayab on Saturday, 01st August 2015

We Believe on 101% Customer Satisfaction with a commitment to be cheap ,Exclusive ,High Class Escort Girls in the Town
Escorts in Dubai
Dubai escorts
Cheap escorts in Dubai

Comment from aieroel on Friday, 22nd May 2015

"Thanks Market Thailand - Market Indonesia

Comment from aieroel on Thursday, 21st May 2015

Thanks for such a knowledgeable post. Market Research IranMarket Research IndonesiaMarket Research ThailandMarket Research SingaporeMake Up Artist Jakarta

NSW Fair Trading

Search for services

Find tradesman or property services in your local area.

Search for services