261. Handover of hard copy files | beware the work email address
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Reena’s attempts to put together a complete file for her new client are frustrated when she receives only hard copy records from the former managing agent. We discuss the legal requirements for the handover of strata books and records. I issue a warning to committee members sending emails from a work email address and we both look forward to catching up with friends and colleagues at a unique event in a few weeks’ time.
Links mentioned:
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Section 176 – Form of records – Strata Schemes Management Act 2015 (NSW)
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Secure your spot now for the Women in Strata event on 20 May 2021!
Some very important messages in this podcast (as usual). Many Committee members I know use work email addresses. Sometimes the content of those emails leaves a lot to be desired. Should a strata manager warn committee members or at the very least should a strata manager “recommend” that they create a gmail account perhaps.??
We had this hard copy issue with an agent change.
We also got the “nothing in the Act says “ line but we responded there is something in the Regs.
The PSA Regs say
s 9 To act in accordance with client’s instructions
An agent must act in accordance with a client’s instructions unless it would be contrary to the Act or regulations under the Act or otherwise unlawful to do so.
The OC gave the agent instruction to supply it electronically.
The agent did not.
What was sent was far from complete, 100s of emails were not included, and FT accepted the agent saying otherwise when it looked at the matter.
Thank you Stephen, your comments were passed on to Reena and she sends her thanks.
I should have said it is cl 9 of the Schedule 1 General rules of conduct applying to all licensees and registered persons