• Creator
    Topic
  • #7829 Reply | Quote

    Can a strata managing agent legally disclose (to other members of the executive committee) an email sent to them specifically requesting that it remain confidential?

Viewing 3 replies - 1 through 3 (of 3 total)
  • Author
    Replies
  • #14441 Reply
    Jimmy-T
    Keymaster

      The strata manager is employed by the Owners Corporation and answerable to the Executive Committee and my understanding is that generally speaking there is no confidentiality within those bodies.  That means, for instance, if an owner is in a legal dispute with the OC or EC, they can demand to see all correspondence.

      However, good strata managers will use their discretion as much as they are able and will treat some issues in confidence.  However, there may come a point where they are privy to information that they simply can't keep to themselves and still do their jobs properly, especially if issues of professional liability are involved.

      So I would err on the side of caution and assume there is no confidentiality in correspondence about the strata plan, regardless of what you put on the email. The strata manager's legal responsibility is to service the Owners Corporation, not individual owners.

      You can ask them for discretion but I don't think you have any legal comeback if they pass the information on to the executive committee.

      Perhaops one of our strata manager mebers can expand on that.

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
      #14442 Reply
      Anonymous

        Our strata manager makes all correspondence public even when confidentiality would be sensible and is especially keen to publicise the identity of any poor soul who complains about anything; there is much to complain about here in our badly run complex. The upshot is, as you might guess, fewer complaints and an easier life for the strata manager.

        #14448 Reply

        Thank you for your advice and insight. I now understand completely re the relationship and believe our managing agent could have just been a little more professional in the way she handled things.

        Lesson learned!!

      Viewing 3 replies - 1 through 3 (of 3 total)
      Reply To: Confidential email to Managing Agent – made public!
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

      You can use BBCodes to format your content.
      Your account can't use all available BBCodes, they will be stripped before saving.

      Your information: