› Forums › The Professionals › SCs and strata managers › Strata manager bans emails to committee (recovered) › Current Page
I love these people who call breach of privacy.
There is no common law right to privacy so if you are going to call breach of privacy then rather than possibly looking like the fool at least cite the section of legislation that you allege gives you some right and explain how you believe the events have breached that right.
Use FT mediation to seek to have the decision overturned.
That is either poorly worded or shows a poor understanding of what FT do.
A point JT overlooks is the agent would be the delegate secretary and so your situation seems to be you are now writing to the delegate and not the elected secretary.
You could ask the delegate secretary why you are now getting “special treatment” if other owners can write to the elected secretary and you can’t.
If it was a SC decision then there should be something on an agenda and something in minutes somewhere.
Just on responding to correspondence:
The Act says in s 43 it is a function of the secretary to
(e) to answer communications addressed to the owners corporation,
There is case law that says the functions of the office bearers are taken to be the functions of the OC (2EBR) so it is a function of the OC to answer correspondence. Whether this is the elected or delegated secretary doesn’t really matter as there is case law that implies the delegated secretary is taken to be the secretary (Tilburn).
Let it go through the agent, who cares who answers as long as you get an answer.
A lot of owners never get an answer.
Welcome to strata.
