This article is about whether you need to provide tenant details to strata or the committee.
Question: Am I obliged to provide my tenants details to strata or the committee? The Strata Committee has adequate contact details for myself and the agent.
I own a unit in a block of 8. It is tenanted to a responsible tenant with two children.
The next door neighbour (treasurer) is very intimidating and always complaining. He has requested the Surname and phone number of my tenant. I believe this is a breach of her privacy. The Strata Title Committee has my private details, and also the Estate Agent who manages the rental.
Am I obliged to provide my tenants details to strata or the committee, given that the Strata Committee has adequate contact details for myself and the agent?
Answer: You are not obliged to pass your tenants details to other unit owners, office bearer’s or committee members.
Under Strata Titles Act 1988 schedule 3 of the Articles of the association
Part 12 – A unit holder must immediately notify the strata corporation of— (a) any change in the ownership of the unit, or any change in the address of an owner; (b) any change in the occupancy of the unit.
Our understanding of this section would be that as an owner you must update your records with the corporation as the corporation communicates all matters to and through the owner of the unit. You are not obliged to pass your tenants details to other unit owners, office bearer’s or committee members. Any matters relating to your unit should be addressed to you the owner / landlord and action to be taken by you or your agent regarding your tenant.
Personal information should always be confidential and to know how the information is to be used.
Matters arising about the property should be channel through your strata manager and the owner to take appropriate actions.
Tyson D’Sylva
Ace Body Corporate Management
E: tyson.d@acebodycorp.com.au
T: 08 8342 1544
This post appears in Strata News #486.
Have a question about whether you need to provide tenant details to strata or the committee or something to add to the article? Leave a comment below.
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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The owner must supply the name and address of the tenant and the term of the lease (if a lot is leased for 6 months or more). This can be found on the Commissioner’s Website when looking at the roll of lots and entitlements. Without this information the Body Corporate could not issue a Contravention Notice to a tenant, as the form must have their name, not just occupant of lot 2.
Arising from the above, wouldn’t the fact that under Schedule 3 Part 12(b),a unit holder is obliged to advise the Body Corporate of “any change in the occupancy of a unit” mean that the unit holder would have to provide some details of the tenant? If so, what would these details be? A name? Or simply “the occupancy of unit x has changed?
Good question. I would be interested in the answer too. (b) is ambiguous and unless advised othersise, I would defauld to the broad advice that occupancy has changed.
The Strata Titles Act 1988 remains silent on what information is to be obtained when referencing Schedule 3 Part 12 (b). It is our position that legal advice to gain a detailed interpretation of this section of the Act may be required.