Question: Our strata roll is outdated. Our strata manager’s agreement states they maintain the roll. The manager refuses to carry out this task. Is this part of their duties as our strata manager?
Our Strata Roll has not been updated for several years. A lot of the information is no longer correct. As the Secretary of the CoO, I directed the Strata Manager to email all owners asking for their updated contact information, including tenant details if applicable. The strata manager replied it was not their responsibility to get updated information or check for changes in details. The management agreement states under the “Agreed Services” that the strata manager will “Maintain strata roll and minute book”. All further inquiries by the CoO to update the roll are ignored. The WA STA 1985 is fairly silent on maintaining the Strata Roll (one sentence). What are the requirements?
Answer: The strata manager should request updated contact details as per the instruction of the Council of Owners and ensure that it is updated when they are made aware of any changes.
There are some important facts to be reminded of in relation to this query:
- The Strata Titles Act 1985 Section 105 states that the strata roll is to be prepared and maintained by the strata company;
- A Strata Company has the right to authorise a strata manager to perform scheme functions (STA Section 143);
- Maintenance of the strata roll is not listed in the STA (Section 143(5)) as a function that the strata manager cannot carry out on behalf of the scheme
- Maintenance of the strata roll is listed as part of the agreed services in the Management Agreement.
Based on this, the strata manager should request updated contact details as per the instruction of the Council of Owners and ensure that it is updated when they are made aware of any changes. Maintaining an up-to-date strata roll is essential to the operational management of your scheme.
Rick Blampey SVN Perth E: rblampey@svn.com.au P: 08 9427 7955