Member call no. 15: Helping Carol to ‘painlessly’ tender for new strata management

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In this call, I arm Carol with the tools, resources and contacts that will help her successfully put her building’s strata management contract out to tender. As an owner in a small Western Australian strata scheme, Carol is also concerned to understand the correct legal procedure for council (committee) meetings. We talk about the specific requirements set out in the applicable legislation and strata by-laws.

Here are the links to the video and resources:

3 Comments. Leave new

  • Carol,
    section 44 of the Strata Titles Act 1985 was amended by the Strata Titles Amendment Act 2018 (download from https://legislation.wa.gov.au/legislation)
    will come into force as soon as the Regulations are adopted (likely next month). The following sections are related to the topics raised: 104(c)(ii), 109(6)(c), 137-138, 143-155.

    Amanda, for good reason most of the members are probably not interested in the woes of WA members…if possible could the Q form include a drop down screen which enables everyone to know which state a query relates to? Alternatively could all WA members please ad “in WA” to their display name so we can easily identify the most relevant contributions?

    Reply
  • Although there may not be an obligation to distribute notices of or minutes of council meetings there is an obligation to allow any owner to inspect them on request. In my experience, requiring owners to request these documents rather than distributing them voluntarily, will benefit nobody but the strata manager who will almost certainly charge the strata company for their time in “sorting,/collating strata records and supervising their inspection” and otherwise generally make the process unnecessarily frustrating.

    There is almost nothing but privileged* information that members of a strata company cannot inspect (even under the current legislation) despite what many ill-informed and/or self-serving WA strata managers assert about privacy, confidentiality and privilege. Owners are elected to manage the strata manager on behalf of their fellow neighbours or investors – they take on responsibilities, are entitled to gratitude but nothing else. Gate-keepers of information who do not act transparently generate distrust and rumours that undermines the sense of community.

    *Privilege is not something that a council member or strata manager is qualified to determine and, in relation to strata documents, does not automatically apply to all advice obtained from a lawyer.

    Amanda, please clarify the concept of privilege (if not here, somewhere more appropriate) in relation to strata owners and if privilege is waived by sharing it with non-owners (including strata managers).

    Reply

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