Can a resident have access to a letter of complaint about them?
Under s. 36 of Strata Property Act (SPA) strata councils must disclose records and documents to owners and other authorized individuals, including correspondence received by the strata corporation. A resident may make an access request for his or her own personal information that is under the control of the strata corporation. As strata corporations are at liberty to disclose complaint letters to the person who is the subject matter of the complaint pursuant to SPA, it is advisable for strata corporations to have clear policies explaining to all owners and tenants that the strata corporation will disclose complaint letters upon receiving a written request pursuant to SPA by an authorized individual. This includes disclosure to the person who is the subject matter of the complaint should they make a request under the SPA.