Question: A resident lot owner in our small strata scheme does not attend the AGM but, after a few days, sends an abrupt email demanding an ‘Overview of the Meeting’. As secretary/treasurer of our owners corporation, am I obliged to send this, or should they wait for the meeting minutes?
Answer: Given they chose not to attend (either in person or via proxy), you should feel comfortable advising them that they can wait to receive the minutes of the meeting like all other owners who didn’t attend.
You have no obligation to send an ‘Overview of the Meeting’, as the meeting’s minutes are exactly that!
As a courtesy, you may wish to provide the owner with a summary of the more material outcomes of the meeting (the budget, any special or unanimous resolutions, contentious agenda items, etc).
If it isn’t the first time the owner has done this, I would remind them that they had the opportunity to appoint a proxy for the meeting, and that person could have relayed an ‘overview’ to them directly. Given they chose not to attend (either in person or via proxy), you should feel comfortable advising them that they can wait to receive the minutes of the meeting like all other owners who didn’t attend.
Callum Wilson
The Strata Shepherd
E: info@thestratashepherd.com.au
P: 0431 925 908
Hi I have made request to inspect OC records (Victoria). The Strata Manager has responded by email indicating the Manager’s ‘…Terms & Conditions: i.e., as below: My question and concern is that the Strata Manager holds the power and in context to being able to audio visually record me whist inspecting records but I am not afforded the same rights and also not permitted to uses my phone for coping of records or even carrying one into inspection. Are the SM’s ‘terms and conditions’ legal (i.e. and as below) and in line with SCA’s code of conduct but not limited to? Thanks.
i.e., as per SM’s& by email by SM to owner wishing to inspect OC records:
‘Terms and Conditions;
•Your inspection of records may be audio and video recorded by XXXXX Strata Management.
•XXXXX Strata Management reserves the right to terminate the inspection of records with the applicant and request the applicant vacate the premises immediately, subject to the following:
Argumentative behaviour
Aggressive behaviour
Disrespectful behaviour
Violent behaviour
•No videoing or photo taking on mobile devices is permitted on the premises by visitors.
•Only cash payment accepted for copy of register and records and photocopying at time of inspection.
•Payment must be received prior to any copy of the register or records is provided electronically or by post.
•Correct cash payment to be made, as change may not be available.
Your attendance and inspection of records constitutes acceptance of the above terms and conditions.
In addition to above query – the SM is claiming that it can charge for records and also charge GST on top of the charges. Is it the owners corporation who charges a fee to the owner requesting copy of the OC records or the Strata Manager. i.e., ‘Strata Manager (name removed) will charge the applicant for hard copies of any record they wish to be provided. Please see the fees schedule below’. And then the Manager lists the fees which have GST added. Is this correct and if OC is not registered for GST? any response would be helpful on this and previous query. Thanks.
Hi
re above query on application of ‘added GST’ to provision of OC records/register’; interesting question and wondering if GST applies to provision of OC Certificates if Manager provides the certificate but / and if OC is not registered for GST?
Hi LookUpStrata Team
it would be great if you could respond with any helpful advice to Victorian strata queries, i.e. inc. query (above) re GST charges on provision of copies of OC certificates and as per Verity inquiry copies of OC records i.e. fee charges + GST charged by Manager for copy of OC records and if OC is not registered by GST.
I also can’t locate VCAT case OC1023/2023 in the AUSTLII website. I can only find OC1023/2016 (which is completely unrelated). Can you please confirm the case number?
Hi Andrea
Phillip Leaman from Tisher Liner FC Law has provided a comprehensive response to the question of access to owner details here: VIC: Q&A Requirements to disclose owner contact details
Hi Andrea
Update 29 Oct 2024: VIC Owners Corporations Case law update: The Saint-John Decision. Lot owners have a right to emails and phone numbers! by Phillip Leaman, Tisher Liner FC Law.
Hi Nikki,
As per Krys Csatlos, I also would like the VCAT case reference to this decision.
Thank You
I can’t seem to locate VCAT case OC1023/2023 in the AUSTLII website. I can only find OC1023/2016 (which is completely unrelated). Can you please confirm the case number for me?
Hi Carolyn
Phillip Leaman from Tisher Liner FC Law has provided a comprehensive response to the question of access to owner details here: VIC: Q&A Requirements to disclose owner contact details
Hi Carolyn
Update 29 Oct 2024: VIC Owners Corporations Case law update: The Saint-John Decision. Lot owners have a right to emails and phone numbers! by Phillip Leaman, Tisher Liner FC Law.
As an OC Committee, we had to take the OCM to VCAT to try and get the OCM to handover the records of Owner’s details so we could converse and update the Owners on what decisions and improvements have made. The OCM that works for the OCC stated that the records/register was theirs. The Owners Corporations Regulations 2018 amended the Owners Corporations Act to state that the records kept by the Owners Corporation includes the telephone and email address. The OCM still refused so they were breached and then terminated. Unfortunately, the interim OCM are virtually doing the same and has convinced the new OC Committee, which 10 of the 12 committee members do not live on site and quite a number of them are in Hong Kong or China, for extended Contract rather than going out for a proper tender process.
The Act states an Owner can legally ask for a copy of this register & there are set fees to pay for a copy.
I hate to say this, however the Developer, set up a company for the Facilities Contract & a Concierge Contract that has in total a 25-year term and ensured the OCM had an 8-year Contract to hold onto the records.
A guiding principle to follow – ” There are no secrets in Strata”.
Thanks for your comment, Peter.
Ingrid Goldenfein has amended the response in the Q&A above.
Re this privacy law of not having contact details of other owners. In actual fact that is NOT correct. The act actually states that privacy must be maintained when a person’s details are given to another party to gain a profit from that connection and those details The act has nothing to do with not supplying details to other owners. This interpretation is something that came about when privacy laws were coming into force and were used in a variety of areas without true foundation.
Thanks for your comment, Gillian.
Ingrid Goldenfein has amended the response in the Q&A above.
Hi Nikki,
I can’t seem to locate VCAT case OC1023/2023 in the AUSTLII website. I can only find OC1023/2016 (which is completely unrelated). Can you please confirm the case number for me?
Hi Krys
Phillip Leaman from Tisher Liner FC Law has provided a comprehensive response to the question of access to owner details here: VIC: Q&A Requirements to disclose owner contact details
Hi Krys
Update 29 Oct 2024: VIC Owners Corporations Case law update: The Saint-John Decision. Lot owners have a right to emails and phone numbers! by Phillip Leaman, Tisher Liner FC Law.
Hi Gillian
Phillip Leaman from Tisher Liner FC Law has provided a comprehensive response to the question of access to owner details here: VIC: Q&A Requirements to disclose owner contact details
Hi Gillian
Update 29 Oct 2024: VIC Owners Corporations Case law update: The Saint-John Decision. Lot owners have a right to emails and phone numbers! by Phillip Leaman, Tisher Liner FC Law.