Saint-John v Owners Corporation: A Win for Transparency
Litigation, Owners Corporation: 21 May 2025
Author: Deborah Andronaco - Our People
In a recent ruling by the Victorian Civil and Administrative Tribunal (VCAT), lot owners gained new clarity on their rights to access Owners Corporation records.
The case, Saint-John v Owners Corporation PS631843C (Owners Corporations) [2024] VCAT 1026 (Saint-John Case) highlighted key issues in respect of transparency, communication, and record-keeping by Owners Corporations.
At its core, the dispute centred around whether a lot owner is entitled to obtain the contact details of other lot owners and fire safety reports.
The Dispute
Mr. Saint-John requested access to a series of documents maintained by the Owners Corporation, including:
- The email addresses and phone numbers of other lot owners.
- Fire safety reports for the building.
His request was denied by the Owners Corporation on the basis that the Owners Corporation maintained that only documents explicitly listed under Section 144 of the Owners Corporations Act 2006 (Vic) were accessible, and the requested records were not documents listed in Section 144.
Given that there were conflicting interpretations of the legislation by the parties, Mr Saint-John escalated the matter to VCAT for determination.
VCAT’s Ruling
Member Scott ruled in favour of Mr Saint-John, making several important determinations, including:
Regulation 11A of the Owners Corporations Regulations 2018 provides that Owners Corporations must maintain lot owners’ email addresses and phone numbers as part of their official records.
Lot owners have a right to access records essential for governance and property management given that Owners Corporations operate collectively.
Access to documents cannot be denied by the Owners Corporation unless a separate VCAT order restricts such disclosure where there are privacy or security concerns.
Owners Corporations can lawfully charge a reasonable fee to provide a copy of the requested documents.
What This Means for Lot Owners
The ruling has clarified what records Owners Corporations must provide under Regulation 11A, giving lot owners a clearer pathway to obtain contact details.
Further, the ruling has reiterated that Owners Corporations must comply with disclosure requirements and not create undue barriers for lot owners wishing to access documents, whilst also navigating privacy and fairness.
Conclusion
The ruling in the Saint-John case strengthens trust, fairness, and communication within residential buildings, and Owners Corporations must now ensure compliance with these principles, reinforcing clear and open governance in the management of the common property.
At Aitken Partners, our Owners Corporation Team is equipped with the skills and experience necessary to assist Owners Corporations, lot owners and managers to navigate their way through their rights and obligations pursuant to the Owners Corporations Act 2006, Owners Corporations Regulations 2018 and other relevant legislation to reach their desired outcome.
For any Owners Corporation queries, please contact Deborah Andronaco, Special Counsel, on 03 8600 6027 or dandronaco@aitken.com.au.