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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 11 October 2017
Category: Meetings and Records
A strata managing agent acting for an owners corporations involved in a legal proceedings usually holds sensitive documents relating to the proceedings. Other parties in those proceedings may wish to access those records. One of those parties or an associate may own a lot in the scheme and assert a right to inspect such records under section 182 of the Strata Schemes Management Act 2015 (“the Act”).
The problem for owners corporations and their managing agents in these situations is how best to preserve legal professional privilege. A recent case, The Owners — Strata Plan No. 74602 v Eastmark Holdings Pty Ltd [2013] NSWCA 221(“Eastmark Case”), gave some guidance.
Some issues remain, but the position appears to be as follows:
We suggest that, in order to best protect the interests of owners corporations:
This procedure will maximise the owners corporation’s prospects of claiming privilege, should the need arise.
It can be quite difficult to determine whether privilege attaches to a particular document. It would be appropriate to obtain legal advice if there is any doubt.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.