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:

2 Responses

    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?

    1. 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

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