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.
This post appears in the October 2023 edition of The NSW Strata Magazine.
Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547