WA: If a strata manager fails to provide information in the required time and is fined, who is liable to pay — the strata manager or the strata company?

Question: If a strata manager fails to provide information in the required time when requested by an owner and is subsequently fined $3000, who the liable to pay the fine? Is it the strata management company or the strata?

Answer: We would expect that the strata manager would be liable for the fine, provided that they are managing this information on behalf of the strata and have failed to meet their obligations to provide it.

Depending on the information being sought, this may influence my response.

Without first reviewing the management contract between the strata and the manager, the fine would be applicable to the strata directly. However, we would expect that the strata manager would be liable for the fine, provided that they are managing this information on behalf of the strata and have failed to meet their obligations to provide it.

If the information is being requested under section 107, then there are certain time frames of which the information is to be provided and the fine may be applicable if this is not met. Please note that an application under section 107 is not considered to be made to a strata company until the fee (if any) charged by the strata company for the application has been paid.

Contact information

Section 108: A request to provide the name and address of servicer for a Council member or officer of the Strata Company. Period of 14 days to provide.

Inspection of material

Section 109:

1. The Strata company needs to make the information available for inspection by the applicant at a place and time —
   
   1. agreed between the strata company and the person; or
   2. if an agreement is not reached within 3 days after the strata company is given the application, specified in a written notice given by the strata company to the person.
2. The time specified in a notice under subsection (1)(b) must be between 9am and 5pm on a day not more than 10 days after the strata company is given the application.

Certificates

Section 110: An application under section 110 or a request to provide a certificate under section 110. Period of 14 days to provide.

Rick Blampey
SVN Perth
E: rblampey@svn.com.au
P: 08 9427 7955