This Q&A is about lot owner access to meeting minutes, financials and contact details in WA.
Table of Contents:
- QUESTION: Our apartment building shares expenses with the attached hotel. We would like to look into the splitting of the accounts, but our strata manager will not allow us to involve a third party to check the financial records. Is this correct?
- QUESTION: What is a reasonable amount of time for the managing agent to provide minutes from the AGM?
- QUESTION: I am a lot owner. I’ve requested the strata manager provide me with the contact details of the Council of Owner members. They have refused. Am I have entitled to access this information?
- QUESTION: I’m no longer on the COO and no longer receive monthly Interim Financial reports. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?
- QUESTION: Is the Strata Manager required to put the Minutes from Council of Owners Meetings on the Portal for Owners to access?
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Question: Our apartment building shares expenses with the attached hotel. We would like to look into the splitting of the accounts, but our strata manager will not allow us to involve a third party to check the financial records. Is this correct?
I would like to know our position in being able to look up our financial records, particularly charges.
As private apartment owners connected to a hotel, we share common meter charges with the hotel (which is classified as commercial). These charges are dissected up by our COO treasurer, who considers the charges fairly.
We would like to establish the break up of the accounts. For instance, what percentage are we paying and what percentage is the hotel paying? I would assume that naturally water and heating would be used in excess for everyday hotel guests?
We are concerned we are contributing an unfair amount compared to the hotel’s contributions. Our Strata Management tells us we can come in and look at the accounts in their office, however, she will not provide us with this information. She has also said we cannot involve a third party. We would like to engage a third party who knows exactly what to look for.
Answer: Under the new legislation the request is via an application to inspect the records using sections 107 and 16.
Without seeing the strata plan, by-laws and hotel lease agreement with the strata company it’s difficult to provide sound advice, but generally, the below would be the process. I’m unsure why the strata company would not just provide the information the owner has requested. This seems a little strange to me. The owner is completely within their rights to request this information from the strata manager or the COO members / Treasurer and they should provide this to owners upon request. It would be prudent to request from the strata manager. Is this her response or the response of the Council of Owners, firstly?
In my opinion, before even adopting a method the COO should have really proposed the method to a general meeting for approval as a motion to be voted on given the charges are common property related. I wonder if there has ever been a motion in the minutes prior which explains this for the owner.
If the strata manager is acting on her/his own authority and not the instruction of the COO, then ask her to put a formal request to the COO on your behalf and state you wish to have it on the agenda of their next COO meeting. She must oblige. Then you will have the decision in writing and reason hopefully from their minutes. You can then request a copy of these minutes. If it’s the COO being difficult then refer to below options and comments.
- Firstly, the COO are obligated to provide the information behind how they calculate the charges to the hotel if they have a method of on charging the common supply costs. This should have to only be available to an owner by inspection of records. They are obliged to provide such information upon request. If they do not then my advice would be to seek legal advice and perhaps issue a formal request through a legal representative.
- Or alternatively, make an application to SAT to seek an order for the strata company to provide the calculation method to owners and be transparent. Orders have to be requested through certain sections of the Strata Titles Act. SAT is set up to be a relatively easy process for owners to access by themselves. If the owner is having trouble with the paperwork and SAT is unable to help the owner make the application, a strata consultant or legal representative can assist with this application. SCAWA has a list of legal professionals and consultants to approach. Once in SAT a mediation would occur first and in this mediation session the member hosting the mediation would likely suggest to the strata company they simply provide the information to the owner to avoid the matter escalating.
- In regards to inspection of records, under the new legislation, the request is via an application to inspect the records using section 107. The relevant clauses are copied below. I can’t see why they won’t allow you to have another person take a look as long as both section highlight the ability for an owner to engage someone to do this and as long as they have authority in writing. This can be proven by providing a service agreement or contract you have entered into.
- Again, if the strata manager does not allow you to inspect the records once you quote the sections above then again you can make a SAT application to deal with this matter, as it also comes with hefty fines imposed if the application is not dealt with in the proper way legislatively.
Strata Titles Act 1985 – Section 107
107. Application by person with proper interest in information
- A person with a proper interest in information about a strata titles scheme, or a person authorised in writing by such a person, may apply in writing to the strata company for the scheme for —
- information under section 108; or
- inspection of material under section 109; or
- a certificate under section 110.
Kylie Nelson
Eyeon Property Inspections
P: 0401448308
E: [email protected]
This post appears in Strata News #429.
Question: What is a reasonable amount of time for the managing agent to provide minutes from the AGM?
I am chairman of the council of owners and would like to know if there are guidelines for the amount of time it is reasonable for the managing agent to provide minutes from the AGM. At present, they are only made available for approval a year later.
Answer: There is no provision under the act that minutes need to be distributed, only that minutes need to be taken and keep for 7 years.
There is no provision under the act that minutes need to be distributed, only that minutes need to be taken and keep for 7 years.
It is not a matter for the strata manager to determine as to when minutes should be distributed to all owners. This should be at the direction of the council of owners. Strata managers only work on instructions from the CoO and should be a discussion between the two parties or part of the duties and functions of the strata manager within their contract.
As a former strata manager, I had in my contracts that the minutes would be distributed within 15 business days of the meeting. That was my choice and it worked well.
With the reforms very much about openness, fairness, accountability and good governance, I suggest that you as Chairman of the CoO have a discussion with your committee and strata manager and determine what best suits your strata company. Good management is also about keeping owners fully informed.
Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]
This post appears in the October 2020 edition of The WA Strata Magazine.
Question: I am a lot owner. I’ve requested the strata manager provide me with the contact details of the Council of Owner members. They have refused. Am I have entitled to access this information?
As a lot owner, I want the strata manager to provide me with the contact details of the council of owner members, however, the strata manager refuses to do so.
Can the strata manager legally refuse my request?
Answer: Lot owners have the right to be able to contact their council representatives.
In my opinion, the strata manager cannot withhold that information. The reasoning is that under the reforms the strata company is required to keep a Roll, section 105.
Strata Titles Amendment Act 2018
The roll has always being a requirement however under the reforms the required information has been expanded. Section 105 (4) (b) clearly states that:
“The particulars to be entered in the roll are” –
The name and address for service of each member of the council of owners, or officer, of the strata company
Section 107 – Application by person with proper interest in information, sub-section (a) relates to information under section 108.
Section 108 – Contact information, sub-section (a) states that a strata company commits an offence if it does not, within 14 days after being given an application under section 107, provide the applicant with the following as stated in the application – the name and address for service of a member of the council of the strata company.
The duties of at strata company in part is to control and manage the common property for the benefit of all owners.
The role and duties of the council of owners is to manage the functions and duties on behalf of the strata company. Also, the strata manager is normally engaged by the council of owners on behalf of the strata company and as such performs designated functions of the strata company.
Consequently I believe all owners need to know who their council representatives are and have adequate access. The reforms are also clear in relation to all meeting notices Section 129 sub-section (4) and I quote –
The owner of a lot may give written notice to a member of the council of an item of business that the owner requires to be included on the agenda for a general meeting.
It is clear owners have the right to be able to contact their council representatives.
Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]
This post appears in Strata News #378.
Question: I’m no longer on the COO and no longer receive monthly Interim Financial reports. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?
As a member of the COO I received monthly Interim Financial reports. I am no longer on the COO and the Strata Manager has ceased sending me these monthly statements. I feel they provided me with more of an accurate detailed list of expenditure rather than one statement at the AGM.
As a unit owner, I feel I should know where the money goes and this monthly financial reporting was very beneficial. Should I be receiving this correspondence regardless of whether I am on the COO or as a lot owner?
Answer: The strata company only needs to provide annual financial statements, and these would be tabled at your AGM.
Yes, as a member of the COO you would be receiving monthly financial statements as it is the role and responsibility of the COO to manager the strata company and to do that effectively that information would be needed. That right does not apply to all strata owners within a strata complex.
Section 101 of the amended strata titles act 1985 clearly states that the strata company only needs to provide annual financial statements, and these would be tabled at your AGM. Any interim statements would be a matter for the strata company to resolve. However, as an owner, you are also entitled to check the strata company records and obviously the financial position of the strata company would form part of those records.
Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]
This post appears in Strata News #366.
Question: Is the Strata Manager required to put the Minutes from Council of Owners Meetings on the Portal for Owners to access?
Answer: There is no explicit mention that a Strata Manager is required to upload council minutes to a portal for owners to access.
Under the Strata Titles Act of WA there is no explicit mention that a Strata Manager is required to upload council minutes to a portal for owners to access.
The requirement and bare minimum is that upon application made in writing to a strata company by a proprietor or mortgagee of a lot, the strata company should make available for inspection the minutes of general meetings of the strata company and meetings of the council; at such time and place as may be agreed upon by the applicant or his agent and the strata company and, failing agreement, at the parcel at a time and on a date fixed by the strata company under subsection.
That being said, some strata councils may instruct a strata manager to upload those minutes to the portal and have them readily available. This may be seen as best practice for transparency purposes, however, some strata councils may feel differently.
Jordan Dinga
Abode Strata
P: 08 9368 2221
E: [email protected]
Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.
This post appears in Strata News #352.
Have a question about access to meeting minutes in WA or something to add to the article? Leave a comment below.
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- WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?
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From Robert McCormack says:
“[…] It doesn’t necessarily mean there is “something to hide” if detailed information is not readily available. […]”
Whom to trust? Merely having a pecuniary/despotic interest has far too often been proven as a motive for managers of all $tripe$ to hide whatever can be hidden for as long as po$$ible, if only until something becomes a ‘fait accompli’. Shades of: *The dogs are barking…but the caravan moves on*.
Why do my comments get removed and my questions (via messenger) not get answered?
Hi Jennifer
In due course, we have responded to correspondence. At times we may remove comments when they do not add value to the discussion or if they breach our terms of use. Please refer to our Terms of Use.
At this time, we have no record of comments from you that have been removed.
I would get an audit done. If the Strata manager is not willing to share the information, when most other strata companies are happy to comply… It shouldn’t matter if you are or not on the Committee.
Though this may be a case of the company NOT having the proper accounting system and Strata manager is time-poor.
There is mention in the comments of privacy issues as a reason of the COO not circulating the council minutes but the strata titles Act overrides the privacy Act, therefore privacy can not be cited as a reason. There are a number of articles written by lawyers confirming this.
Hi Jordan,
Perhaps another way to answer the query (#366) might be: The strata manager is obligated to upload the council meeting minutes if directed by the strata council.
As you indicate best practices would advocate transparancy and upload to the portal.
If there are instances of confidentiality these can be easily redacted from the meeting minutes.
I would suggest that the Act advocates complete transparency by allowing owners access (although cumbersome) to view all strata documentation electronic or otherwise.
Unfortunately it has been my experience that strata managers and councils consistently do not upload council minutes for interested owners to view to avoid differing opinions. Although the Act does not obligate the council to upload strata documentation to a portal at the same time the Act does not restrict uploads either.
It appears not all minutes are the same..Our Council only provides a summary of items the minutes as such do not exist.The format of minutes including motions ,discussion and voting have never seen the light of day in our community and Minutes as such do not exist.
Our Strata Manager has never suggested any different,however we now find that although having known that SM certification was required by the new legislation they have failed to get this certification to date .Should we be looking for a new SM ?
Hey Arnold!
You could argue a summary of items is in fact the minutes. As it is not really specified by the Strata Titles Act of WA what constitutes ‘minutes’. Your Strata Manager has a 4 year transitional period to acquire the minimum education requirements.
If I was you, I would shop around for some quotes right now! As come 1st of November all management contracts will be null and void due to the reform. So now is the best time to ensure you have a good strata manager!
The comments here seem to suggest a fundamental misunderstanding of the responsibilities of the COO & the Strata Manager- not at all uncommon!
I agree that in the normal course of events, there is no reason why minutes of COO meetings are not publicly available. However, the COO is the decision making body & is directly (& legally) responsible for the business of the strata council – not the strata manager.
Any issues that an owner has in relation to administrative matters or general queries relating to decisions, should be addressed to the COO.
As Jordan rightly says, there may be many reasons why minutes are not published & they include commercial confidentiality & privacy of individual owners-especially if they are experiencing financial difficulty. Although arrears information is available to all owners through AGM’s, there may be particular circumstances to be considered by the COO which would not necessarily be useful or helpful if it were in the public arena. It doesn’t necessarily mean there is “something to hide” if detailed information is not readily available. If the structure functions correctly (& very few do!) COO have a level of responsibility & decision making similar to company boards & must take into account all manner of legislation which include a persons right to privacy & must always act in the best interests of all owners.. I suggest a detailed reading of the Act may assist.
Perfect, thanks Robert!
Thanks for reflecting something similar I was about to post.
Also our particular strata has a serial litigant who showed up to a councillors and owners homes who do not live on site, thus our records for service are now listed as the strata managers address or correapondance is all done electronically as there’s always one bad egg. So same shoes doesn’t always fit everyone comforatably.
There are sure to be some reasonable situations when a Council of Owners might not want to generally publicise the Minutes to their meetings.
> Potential to breach privacy issues where an owner may have submitted personal and financial information might be best deferred.
> If legal action is being ‘leaked’ by an owner to a third party it may be preferable to know if that owner is accessing the information.
Generally, however, there is no requirement to release Minutes that have not yet been confirmed and most errors or ill-considered statements can be amended at the next meeting if necessary. Just needs a little more information, guidance, and practice.
Thanks eM!
Very disappointing article to read, it’s not encouraging transparency and explains even more why there are so many problems in strata living. The only reason strata manager or the council would not make available for easy access on portal is because they have something to hide and don’t want to be transparent to all owners. Strata managers know most owners simply don’t go in to inspect the records in the office or are unable too and they would tell this to the Council of owners. This article is encouraging corruption and dishonesty in strata and defeats the purpose of having a Portal.
Hi Barry,
Unfortunately I did not write the Strata Titles Act. The simple fact I am answering these questions and broadcasting my name seems to suggest otherwise regarding my advocacy for transparency. It does defeat the purpose of having a portal and I never said otherwise. Please do not take this question out of the context it was given. Had the question been do YOU suggest the council provide the minutes to all owners my answer would be completely different.
Hi Jorden,
Can you please give me one good reason why the Strata Manager or the Council Of Owners would not circulate the minutes of their meeting to the residents.
On this page there is a comment, (Sharing is caring!)
Hi Joseph,
Completely agree sharing is caring and I am all for transparency. However, it is not up to the Strata Manager to give a good reason or make any decision on the circulation of council meeting minutes. It is completely up to the Strata Council. So, you would have to ask them for their good reason! I could think of many but would not want to share on a public forum. Probably for the some of the same reasons. Put simply in my opinion if you want the council minutes, request it and you can get them. Alternatively get on the council!
From Joseph McKeown says:
“[…] Can you please give me one good reason why the Strata Manager or the Council Of Owners would not circulate the minutes of their meeting to the residents. […]”
One good reason is simply that of ‘Benign neglect’, being a policy which hopes that *ignoring a problem* is the best solution to it [comment removed by Admin]. The best method of countering this *chicanery* is to perpetually persist in providing said *problem* with copious amounts of *attention*, and you’ve made a good start, Joseph, by seeking an answer right here on LookUpStrata.