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VIC: Accessing owners corporation records after the Saint John decision

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This article discusses how Victorian lot owners can enforce their rights to access owners corporation records after the Saint John ruling in Victoria.

Question: Post the Saint-John Decision, what can we do if the owners corporation managers still refuse to provide owners with records?

Our owners corporation manager refuses to provide owners with a copy of the register containing the emails and phone numbers of other owners.

When asked for a copy with just names and addresses, they took three months to provide this information!

I’m aware of the recent case law, the Saint-John Decision, but what can we do if the owners corporation managers still refuse to provide owners with the records?

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Answer: If a manager is refusing to provide those details, then an application will need to be made to VCAT.

Lot owners are entitled to the emails and phone numbers of other lot owners in accordance with the Saint John decision. If a manager refuses to provide those details, then an application will need to be made to VCAT.

A lot owner can make a complaint to Consumer Affairs Victoria (CAV), but in our experience, it is mixed as to whether or not CAV will do anything to action the matter.

Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370

This post appears in Strata News #776.

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About Phillip Leaman

Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/

Phillip is a regular contributor to LookUpStrata. You can take a look at Phillip’s articles here .

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