WA: Q&A Just Purchased Strata and Frustrated by Lack of Communication

This WA Q&A is about lack of communication after just purchasing strata.

Question: We have just purchased strata. The lack of communication is frustrating. Trying to track down reports, and even the person we need to approach, is difficult.

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We are new owners in a strata complex of 60 residential units.

Are we entitled to request a list of Owners names and postal address information and if so, who do we ask?

Also are we entitled to a copy of the last AGM report prior to our purchase?

Our strata management company is extremely difficult to deal with and our strata council are unable to identify who we should contact except to tell us we must direct all enquiries to the Strata Manager.

We are feeling somewhat frustrated about the lack of communication we are receiving.

Answer: Any information you seek as a person looking to purchase into the Strata Company should be documented and requested to the vendor.

Please note: this response was provided prior to the proclamation of the new strata title amendments.

It is difficult to determine from the information given below as to whether you have purchased the Strata Lot or you are purchasing the Strata Lot.

If you are in the process of purchasing a Strata Lot then the Strata Manager is unable to provide you with any details or records of the Strata Company and will require written authority from the lot owner.

The sale of a Strata Lot is a contract between the vendor and the purchaser, with the vendor being required to provide information to the purchaser. An AGM report, if there is one, would normally form part of the documentation provided to the owners either with the Notice of the AGM or after the AGM with the Minutes. The vendor should have provided this report with the AGM Minutes.

The records of the Strata Company are similar to the records of any business and therefore the Strata Managers will follow the requirements as set out in the legislation to ensure compliance.

In accordance with Section 43 (1) the Strata Company is required to provide the name and address details of the Chairperson, Secretary, Treasurer, or other member of the council once provided a written request from the owner or mortgagee, or a person authorised in writing by the owner or mortgagee, and on payment of the fee (if any).

Section 43 (1) (b), with the same conditions of written authority as above, the Strata Company will make available for inspection the books and records of the Strata Company. If the Strata Roll is detailed in the written request then the Strata Roll will be available for inspection as per Section 43 (1) (b) (ia) the roll maintained under section 35A. You can also specify the AGM report if this has still not been provided by the vendor.

Please note that this allows for inspection of the records, any copies of documents requested will be charged for in accordance with the Regulations, with the exception of a copy of the last AGM minutes.

Any information you seek as a person looking to purchase into the Strata Company should be documented and requested to the vendor. It is then the vendor’s responsibility to provide the information or provide you with the authority to inspect the books and records. This request would go to the custodian of the records which may be an appointed Strata Managing Agent.

Shelley Fitzgerald Emerson Raine E: shelley@emersonraine.com.au P: 9330 3959

This post appears in Strata News #287

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Note: this general information about strata council member problems is an opinion only and suitable specialists in these areas should be sort for clarification and assistance on all points.

Read next:

• WA: Q&A Strata Council Member Problems – Nobody wants to help
• WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?

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