205. Building email accounts | records handover | boundary lines
Podcast: Play in new window | Download
Subscribe: RSS
If you haven’t yet checked out the special episode I released last weekend covering off NSW meeting procedures in the face of COVID-19 concerns, head over here now and check it out.
In this week’s episode with Reena (recorded before the above special) we’re dealing with:
- email accounts set up by committees and not shared with the strata manager
- an application to the Tribunal for a former strata managing agent to handover books and records
- whether a front entry door within a lot’s garage is common property
and more.
Links mentioned:
- Get the transcript here!
- Section 176 – Form of records – Strata Schemes Management Act 2015 (NSW)
- Episode 197. Bathroom renovation gone wrong | committee nominations | another win for pets
- Owners – Strata Plan No 58068 v/ats Cooper case (21 November 2019)
- Section 188 – Order to supply information or documents – Strata Schemes Management Act 2015 (NSW)
- Section 181 – Strata Schemes Management Act 2015 (NSW)
- Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188 (20 September 2017)
- The Owners – Strata Plan No 54026 v Phillipa Ternes [2019] NSWSC 1579 (12 November 2019)
HANDING OVER DOCUMENTS–SA
Strata Manager to Strata Manager—- who is responsible to checking that all records are handed over? What constitutes these records besides the financials.
Do the financials include Invoices? Work Orders etc?
What format are they handed over in? Who determines the format? New or Previous SM?
What is the position if the software used by the 2 SM are different?
Hi Diane, thanks for the questions. Which state are you in?
In my view, the newly appointed strata manager should ensure that they have received everything from the former manager. In reality, missing documents only come to light over time.
Section 182 of the Strata Schemes Management Act 2015 NSW (link at the end of this comment) provides a good summary of the records that should be held by a strata manager on behalf of an owners corporation. Yes, this includes invoices, work orders.
As for format, this is a perennial difficulty. There are no requirements as to format and often the new strata manager finds that they do not have the specific program to read or access the documents handed over by the former agent. In my view, the former agent has the obligation to hand the documents over in accessible form. Section 188 permits the Tribunal to make an order specifying “the manner” in which documents are to be handed over, so buildings or new agents with real difficulties accessing documents could seek a specific order about format.
Section 182 is here: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s182.html
Section 188 is here: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s182.html