Question: Can the owners corporation share my contact details with contractors without telling me? Is there a legal requirement to give notice before works affecting my lot are carried out?
Tradespeople are set to inspect the internal intercom unit and flood-test the balcony above our apartment, where there are documented leaks. Are there any legal requirements to notify us before trades carry out this kind of work? Must the owners corporation inform us before providing our contact details to contractors?
Answer: An owners corporation can share limited contact details with contractors for maintenance purposes, but occupiers should generally be notified beforehand except in emergencies.
Under the Owners Corporations Act 2006 (the Act) and the Owners Corporations Regulations 2007, an owners corporation does have powers to arrange maintenance and inspections affecting lots and common property. However, those powers are not unlimited and are generally subject to sufficient notice and reasonableness requirements.
The owners corporation may share limited contact details with contractors where reasonably necessary to carry out its functions, for example, arranging access for repairs, inspections, or maintenance of common property. However, it is generally expected that the owners corporation will notify occupiers before undertaking works or inspections affecting their lot, unless there is an emergency. There is no express provision in the Act requiring the owners corporation to separately notify you that they have shared your personal information with a contractor. However, privacy obligations still apply regarding how and why they disclose that information.
Under section 46 and section 47 of the Act, the owners corporation has statutory functions to repair and maintain common property and building services. To carry this out, it may authorise contractors to enter a lot where necessary.
However, where entry into a lot is required, the legislation generally requires written notice to the occupier before access occurs, except in emergencies. Consumer Affairs Victoria summarises this as requiring at least 7 days’ written notice unless:
- it is an emergency;
- the occupier agrees to shorter notice; or
- tenancy laws apply and alternative notice requirements are followed.
Some examples where access to a lot may be required:
- inspecting an internal intercom unit;
- carrying out leak investigations;
- flood testing balconies; or
- other works likely to affect your apartment or impact other apartments or common property.
The owners corporation would ordinarily be expected to notify the occupier beforehand to advise them that their contact details will be provided to the relevant trades.
It is important for lot owners to understand section 48 of the Act, which relates to lots not properly maintained. The owners corporation may serve a notice on the lot owner requiring them to carry out necessary repairs, maintenance or other works. If this notice is served, the lot owner has 28 days to comply. If they fail to comply, the owners corporation may carry out the necessary repairs or maintenance to the lot and recover this cost as a debt from the lot owner.
Good practice from your owners corporation manager would usually involve informing residents that contractors will contact them regarding works or inspections where works may impact common property or individual lots.
An example is where the owners corporation is aware of documented leaks or a history of water ingress. It would generally be reasonable for an occupier to expect:
- advance notice of testing or investigative works;
- details of the nature of the works;
- expected timing; and
- who will attend.
If the owners corporation repeatedly arranges access or intrusive works without reasonable notice, an occupier or lot owner may wish to:
- request copies of the relevant maintenance notices and contractor instructions;
- ask what authority was relied upon to disclose your details;
- request the owners corporation’s privacy policy or records handling procedures; and
- if necessary, raise a formal grievance or application to VCAT.
This post appears in Strata News #799.
Ben Quirk
TOCS
E: ben.quirk@tocs.co
P: 0448 663 616
I am a member of the voluntary,unpaid, 5 person owners Committee of what appears to be a Tier 1 apartment complex in Victoria, I cannot recall, as an owner, ever sighting an audit, however on actually looking into the matter, it appears that the Owners Committee,of which I am a member, is mandated by Section 34 of the Owners Corporation Act to undertake an an annual audit,if this is the case, I am very concerned that the commercial strata manager has not, in the time I have lived here, ever mentioned that, seemingly mandated requirement