Forums The Professionals Notice board and privacy Current Page

#30971
Jimmy-T
Keymaster

    Strictly speaking, information contained in minutes is not private information – but the strata committee should be handling this a lot better. 

    As members of the Owners Corporation, you and all your neighbours are entitled to know what problems there have been, what discussions the strata committee have had and what steps have been taken to remedy them. However, there is no legal requirement for them to “name and shame” owners.  That’s a choice they make, and they do so at their own peril. 

    Strata committees are protected to a certain extent by “qualified privilege” which means they can discuss issues and distribute information that aids the general running of the building, without fear of being sued for defamation, for instance.

    The protection is seriously diminished, however, when there is evidence that a) the information has been available to non-owners and b) there is an element of malice behind it.

    Minutes on a notice board can be seen by non-resident guests and tradespeople, so they are effectively being broadcast to a wider public than the law prescribes.  The question of “malice” is something only you and they know.

    The first thing I would do is to “redact” the minutes with a black felt tip pen and inform the secretary that rplacement with your name and unit number visible will be interpreted as a deliberate and malicious act.  Then I would present a motion to the committee that in future, residents would be identified only by their lot number (not their unit number and not their names).

    On the question of the goods in the yard, I would send a letter to the secretary asking what by-laws have been breached and telling them to use the official Notice To Comply form if such a breach has occurred.

    On the matter of the photographs, it is an invasion of privacy only if the photographer was on private property taking pictures without permission.

    However, common property is, effectively, the private property of the Owners Corporation.  So you can ask who gave permission to the photographer to use common property to photograph your yard, when was this discussed at any official meeting and why were you not informed?

    If they can’t adequately answer that, ask that a Notice To Comply be issued to the person who supplied the pictures (Bylaw: Behaviour on common property) along with a demand that all copies of the pictures be destroyed. 

    Oh, and slightly off topic, some advice from an old journo:  You might want to keep your finger away from the Exclamation Mark (or what we used to call a “screamer”)! Overuse indicates a somewhat less than calmly considered opinion. Just saying!!!

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