You may or may not already be aware of the Saint-John decision, but this recent case has shed light on the roles and responsibilities of Owners Corporations and lot owners regarding access to certain information.
As an Owners Corporation Management partner, we’ve been following the case carefully to make sure we can keep our clients updated on any changes they may need to act on.
Below, we provide an overview of the decision, what it means for Owners Corporations, and how our team ensures we embed this new information into our professional standards.
What is the Saint-John Decision?
The Saint-John v Owners Corporation PS631843C (Owners Corporations) [2024] VCAT 1026 Case was instigated by Mr Saint-John after he requested access to certain information from his Owners Corporation (OC) and was denied.
Mr Saint-John requested information relating to:
- The contact information of other lot owners (email addresses and phone numbers)
- Building fire safety reports.
The OC advised Mr Saint-John that only documents listed under Section 144 of the Owners Corporation Act 2006 (Vic) could be provided to lot owners, and the information he requested was not listed in this section. As a result, his request was denied.
Following the OC’s decision, Mr Saint-John lodged a case with the Victorian Civil and Administrative Tribunal (VCAT) for further guidance on the access and ownership of this information.
What was the outcome of the case?
After reviewing the information provided, VCAT decided in favour of Mr Saint-John, stating that the law separates two types of documents held by an OC:
- Some documents (those listed in section 144 of the OC Act) can be looked at for free by lot owners (and some others) at any reasonable time.
- Other records can be copied and given to lot owners when requested, but they may have to pay a reasonable fee for the copy. These extra records may include phone numbers and email addresses, which were part of the dispute in this case.
VCAT also advised that since the common property in a subdivision is jointly owned by all lot owners, it makes sense that they should have access to OC records. People can get copies of these records for a fee, unless someone applies to VCAT to restrict access to their personal information.
What does this mean for Owners Corporations?
The decision is an excellent step towards clearer, consistent, and transparent communication between lot owners and OCs. It provides a clear basis for OCs to understand their role and responsibilities when it comes to sharing certain information and data with lot owners when requested.
There are a few key points to note about the decision:
- Lot owners can request access to records under Section 146 of the Owners Corporation Act.
- Lot owners must be members of the plan of subdivision to access records.
- Requests can be made via phone or written communication to the Owners Corporation manager.
The decision has also helped to clarify the fees involved in information requests. Under Regulation 12, the maximum fee the OC can charge for giving a copy of its records is around $18.60 for the first record request and $7.60 for each extra request thereafter. An additional 20 cents per page is chargeable for printed copies of reports.
How Above OCM prioritises clear, transparent communication
Here’s an overview of how we’re embedding this decision into how we work at Above OCM:
- Inspection appointments are scheduled with at least 14 days’ notice, though we accept requests with a minimum of 7 days’ notice. Requesters are asked to provide 2–3 alternative time slots.
- Each inspection is booked for up to one hour in the boardroom, where all relevant records are laid out for easy access.
- Owners are advised that they may take photographs of records using their mobile phones. However, no records are to be emailed under any circumstances.
- If copies are requested, we charge the government-prescribed fee.
- The records include the owners’ email addresses and mobile numbers unless an owner has formally requested exclusion with valid reasons.
Transparent, timely, and secure communication and record-keeping are core parts of Owners Corporations and Owners Corporations Management. We take this seriously at Above OCM and work with our staff to ensure we stay on top of any legislative changes that may affect our work.
If you’re looking for an Owners Corporation Management partner who stays up-to-date and delivers impeccable service, contact us today.
