These Q&As are about strata records and access to strata information in South Australia.
Table of Contents:
- QUESTION: What are the Strata Manager’s financial reporting requirements at the AGM?
- QUESTION: A very demanding owner has recently purchased in our building. They have requested access to all owner’s details so they can undermine the work the committee is doing. Can we restrict their access to owner’s details or stop them from spreading the wrong message?
- QUESTION: I am the Strata manager of a group of three units. I have taken over the role from a previous owner. Who do I need to lodge this change with? How do I perform a strata search for information about the strata corp that I manage?
- QUESTION: How can we improve lot owner access to strata records, including invoices? These may give insight into maintenance and history of the building.
- QUESTION: Are Unit Owners required to provide current phone contact and email addresses to their Strata Manager for the strata records?
- QUESTION: Are unit owners entitled to a contact list of all owners? When it comes to strata records, what can be included in the lot owners list – addresses, phone numbers etc?
Question: What are the Strata Manager’s financial reporting requirements at the AGM?
I own a unit in a 6-unit Strata Corporation. We have recently had our AGM. No accounts were included where a copy of the bank transactions statements for the previous financial year. What are the Strata Manager’s financial reporting requirements? My understanding of section 33 A of the Strata Titles Act 1988 suggests there should be more.
Answer: The Manager may think they are satisfying the Act by presenting the bank statement.
Section 33 of the Strata Titles Act states that the agenda must include a presentation of the accounts for the previous accounting period. While some may argue the bank statement shows all accounts paid, there is a lack of detail in this method of reporting.
Many, if not all, professional Strata Managers use industry-specific software where financial statements are easily produced with payments coded under specific headings, usually in line with the budget presented at the previous meeting (also required by Section 33A).
The systems are also able to print detailed expense reports that show the date, the contractor, and a description of each payment. If you do not believe that the statement being presented is clear, you are certainly within your rights to ask for a more detailed description of what each payment was for, however, the Act does not specifically say that it must be a financial statement and the Manager may think they are satisfying the Act by presenting the bank statement.
Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777
This post appears in Strata News #611.
Question: A very demanding owner has recently purchased in our building. They have requested access to all owner’s details so they can undermine the work the committee is doing. Can we restrict their access to owner’s details or stop them from spreading the wrong message?
We are a committee who have worked well together for some years. In the last 2 years three separate people have bought units and are very opinionated about how they want things done. Two of the new owners were on the committee and one stepped down.
The owner who stepped down has now asked our Strata Manager for the contact information of all unit owners so he can reach out to them and start a community forum where he will discuss building maintenance and the elected committee with malicious intent.
Is this lot owner able to get all owner’s contact information. Can we do anything to stop him from accessing this information and undermining the elected committee?
I’ll add that his understanding of what our committee is working through is poor so he is spreading the wrong message and making the role of the Committee increasingly difficult. We have $1.5m worth of building upgrades to do and it’s going to be a hard enough sell as it is.
Answer: Owners are entitled to the strata roll. How a person uses this information is out of the strata manager’s hands.
It appears you have a few areas to address.
The first is Yes – Owners are entitled to the strata roll containing the owner’s information.
In relation to how a person uses this information is out of the strata manager’s hands.
You may need to address your concerns with owners by sending communication to them or by calling a general meeting to explain the situation. The more education/discussion with the owners will provide more transparency and may help eliminate your concerns.
Tyson D’Sylva
Ace Body Corporate Management
E: [email protected]
P: 08 8342 1544
This post appears in Strata News #601.
Question: I am the Strata manager of a group of three units. I have taken over the role from a previous owner. Who do I need to lodge this change with? How do I perform a strata search for information about the strata corp that I manage?
Answer: There is no requirement under the Strata Titles Act SA to lodge the change of Strata Manager and there is no company or government body that holds records for each Corporation.
There is no requirement under the Strata Titles Act SA to lodge the change of Strata Manager. If your Corporation has a registered Tax File Number would you need to update the Corporation’s contact details with the Australian Tax Office so any tax information can be sent to the right person.
In relation to performing a search to find out more information for the Corporation you manage, there is no company or government body that holds records for each Corporation. Section 40 of the Strata Titles Act states that the Corporation must keep minutes of past meetings, proper accounting records, notices of meetings and correspondence received and sent by the Corporation, these items should have been provided to you or the Corporation by the previous owner, however it is not uncommon for self managed Corporations to have limited information. It would be my recommendation that you speak with the Secretary of the Corporation, if you do not hold this position, and look to call a General Meeting so you can discuss the past history of the corporation and what, if any, maintenance or funding needs to be looked at in the future.
Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777
This post appears in Strata News #458.
Question: How can we improve lot owner access to strata records, including invoices. These may give insight into maintenance and history of the building?
Strata Titles Act 1988 is very specific regarding the keeping of financial records. However, it appears to be relatively silent regarding storage and lot owner access to records and/or invoices that may tend to give insight into the maintenance and history of the building. How can this situation be remedied?
Answer: The Strata Titles Act details that the Corporation must keep records and how it can be accessed by owners and the Strata Titles Regulations state how long these records need to be kept.
The Strata Titles Act details that the Corporation must keep records and how it can be accessed by owners and the Strata Titles Regulations state how long these records need to be kept. A Corporation must keep correspondence received or sent by the corporation for a period of 7 years. (Strata Titles Act, Section 40(1)(d)(iv) and Strata Titles Regulations (30)(e))
If your Corporation has delegated any of its functions and powers to a member or employee of the corporation can you can send a request to them to access and view the documents. This would either be a member of your Corporation if you are self-managed or a Body Corporate Manager if you are professionally managed. The delegate of the Strata Corporation who holds records of the corporation must, at the request of any unit holder make those records available for the unit holder to inspect within 10 business days. (Strata Titles Act, Section 27D (7)(a))
The Strata Titles Regulations, Section 20 refers to keeping records by electronic measures as well. As electronic storage has not been widely used by professional strata managers for 7 years, you may find that only a few years are stored electronically while the remaining records may be in hard copy form. The Act does not state that all documents must be stored in the same form.
Carrie McInerney
Horner Management
E: [email protected]
P: 08 8234 5777
This post appears in Strata News #448.
Question: Are Unit Owners required to provide current phone contact and email addresses to their Strata Manager for the strata records?
Are Unit Owners required to provide current phone contact and email addresses to their Strata Manager for the strata records?
If the property is to be let, are Unit Owners required to provide the Strata Manager with the appointed Property Manager’s details?
Answer: A Strata Corporation has a responsibility to maintain proper records including a register of the names of the Unit Owners.
In regards to the contact information of your other Unit Owners, if your group is managed then the Strata Manager will need a list of contact details for all Owners. A contact list should be made available through the Manager for the Corporation Members.
In regards to the contact information of your other Unit Owners, if your group is managed then the Strata Manager will need a list of contact details for all Owners. A contact list should be made available through the Manager for the Corporation Members.A Strata Corporation has a responsibility to maintain proper records including a register of the names of the Unit Owners for 7 years {S39A, reg 23}. The strata records should show the unit Owners last contact address, phone number and email address as known to the Corporations & unit entitlements.
A Strata Manager is to make this Register available for Inspection at no fee to any Unit Owner of the Corporation with-in 5 business days after the request is made {S41 (1)}. Not making this information accessible may incur a penalty under the Strata Titles Act 1988.
In order to meet the obligations above, the Manager must have this information provided to them by the individual unit Owners.
Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #266.
Question: Are unit owners entitled to a contact list of all owners? When it comes to strata records, what can be included in the lot owners list – addresses, phone numbers etc?
Are unit owners entitled to a contact list of all owners? Is this available thru the local council or the strata manager?
If the strata manager is legally allowed to distribute an owners list, do they have any right to withhold it?
What can be included in the lot owners list – addresses, phone numbers etc?
Answer: A contact list should be made available through the Manager for the Corporation Members.
When it comes to strata records and the contact information of your other Unit Owners if your group is managed the Strata Manager would have a list of contact details for all Owners. A contact list should be made available through the Manager for the Corporation Members.
For more information, please see Answer to the question above.
Tony Johnson
Stratarama
E: [email protected]
P: 08 82760426
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #193.
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Read Next:
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- SA: Q&A No Officers of the Strata Corporation at our Small Scheme
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