When “Access to Records” Becomes a Dispute: Lessons from the Daley Case
- leigh_oliver
- Mar 14
- 3 min read
Strata schemes operate best when owners have access to clear information about how their building is managed. Financial records, meeting minutes, contracts and correspondence all form part of the official records of an owners' corporation.
But what happens when an owner believes they have not been given proper access to those records?
A recent decision in Daley v The Owners – Strata Plan 2754 highlights how disputes can arise over something that should be relatively straightforward: inspecting strata records. The case also shows how the increasing use of electronic record-keeping is changing the way access is provided.
The Background
In this case, an owner requested access to the strata records held by the owners corporation. Access to records is an important right for owners, allowing them to see how decisions are made and how funds are spent.
The owner believed the records had not been properly supplied and applied to the tribunal seeking orders that the owners' corporation provide the requested documents.
The initial tribunal decision dismissed the application. However, the owner appealed that decision.
The Key Issue: What Counts as “Providing Access”?
The central question in the appeal was surprisingly modern:
If an owners' corporation gives an owner a link to electronic records, does that count as making the records available for inspection?
Many strata schemes now store documents digitally in online portals or document management systems. Rather than physically inspecting paper files, owners may instead be given access to download records electronically.
The dispute essentially came down to whether this digital method satisfied the legal requirement for access to records.
What the Appeal Court Said
The appeal body looked closely at whether the owners corporation had actually made the documents available.
Importantly, the court considered that providing a link to electronically stored records can satisfy the requirement to make records available for inspection, provided the access genuinely allows the owner to view the requested documents.
However, the appeal also identified issues with how the original decision had dealt with the owner’s arguments. Because of this, the earlier tribunal decision was set aside and the matter was sent back to be reconsidered.
In simple terms:
The appeal was successful.
The previous decision dismissing the case was overturned.
The matter was sent back to the tribunal for reconsideration.
Why This Case Matters
Although the case focuses on New South Wales legislation, the underlying principles are relevant to strata schemes everywhere.
1. Electronic Records Are Now the Norm
Many strata managers use portals or cloud-based systems to store records. This decision reinforces that digital access can be an acceptable way of providing inspection rights.
2. Access Must Be Genuine
Simply saying records are available is not enough. Owners must actually be able to view the documents they request.
3. Clear Communication Helps Avoid Disputes
Many disputes arise not because records are withheld, but because owners are unsure how to access them or what is available.
Providing clear instructions and responding promptly to requests can prevent issues escalating.
Practical Takeaways for Strata Schemes
For councils of owners and strata managers, the case highlights some practical steps:
Ensure records are organised and accessible.
Provide clear instructions when giving electronic access to documents.
Confirm that owners can actually open and view the files provided.
Keep a record of when access was granted.
For owners, the case is a reminder that the right to inspect records is important, but disputes can often be avoided through communication before formal action is taken.
The Bigger Picture
Strata living relies on transparency and trust. Access to records plays a key role in maintaining that trust.
As buildings increasingly move toward digital management systems, cases like Daley v The Owners – Strata Plan 2754 help clarify how traditional legal rights apply in a modern, electronic environment.
Ultimately, the goal is simple: ensuring owners can easily see how their strata scheme is being managed.
Further reading / listening
🎧Notebook LM overview https://static.wixstatic.com/mp3/a0f1d2_55873ae8aaf149418d9f5eb9e160f6c1.m4a
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