Document disclosure in strata: Why are managers withholding crucial reports?
We act for lot owners in strata properties (and OCs as well) but when we act for lot owners we continually see issues with owners corporations and strata managers who are not legally represented withholding documents without a legal basis.
This is typically building reports obtained in relation to water ingress or other building issues and they relate to issues affecting our client’s lot.
As a reminder, if the document hasn’t been obtained through a lawyer, it’s not protected by client legal privilege!
We’re acting for an owner at the moment who has ingress and mould to her apartment and we have requested the strata manager provide documents we know they hold multiple times (including reports instructed by the OC) – but nothing!
We have written to the OC strata manager on at least four occasions and not received any of the requested documents.
Our client can commence legal proceedings and those documents would be easily obtained. But why not give them and avoid that course…after all this will just lead to additional legal costs for the OC or its insurer and drive up premiums.
OC managers – if legal costs and proceedings can be avoided, why are you not providing documents?
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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