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No privacy in strata

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NCAT's Appeal Panel has recently confirmed there is no privacy in the strata records an owners corporation must keep. An owners corporation and its strata manager must allow a person to inspect strata records that may otherwise be considered private or the personal information of another person.

In Walker v The Owners – Strata Plan No 1992 [2020] NSWCATAP 192, the applicant lot owner sought access to levy registers for all lots held by the strata manager. The strata manager refused to provide them. The Appeal Panel held that the owners corporation and the strata manager had to provide access to the levy registers as part of a strata search under the Strata Schemes Management Act 2015 and held that the documents could not be withheld on the basis of privacy. The Strata Schemes Management Regulation 2016 provides to the effect that levy registers are documents that an owners corporation must keep and make available during a strata inspection.

This decision is in line with an earlier CTTT decision in 2013, Legge v Network Strata Services Pty Ltd (Strata and Community Schemes) [2013] NSWCTTT 45 that held that privacy legislation does not apply to strata records and that a strata manager must give access to the strata roll and the contact details in it as part of a strata search.

To find out more about privacy, strata records or these cases, please contact us.

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