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[BONNIE L]

Hi and big thanks; this is concerning major project in building, and getting the interest of others in terms of practical solutions.

For example, getting in touch with a tenant/s/owners whose inaction is apparently holding up an important professional report the committee is waiting on and looks like holding up tabling of the report at an imminent committee meeting to discuss?    

Also, seems unusual in my experience for professional firm to hold up a report due to one unit research running late.   Anyone with experience like this? Needless to say I was ticked off by the strata manager for contacting the firm in a friendly way after they visited my place,  so am at my peril if I do this again.    

So does anyone know if a phone call, a note in the mailbox or an approach outside the building are in breach of privacy?  Or a doorknock?  Or friendly note under door, any of that ok?

An update on my status is that have been attempting to help on a practical level over 18 months ownership of one unitand am mentioned in minutes as such.

Anyone experienced in the privacy factor please?  SOS, and more thanks!

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[Jimmy-T]

BONNIE L said 

So does anyone know if a phone call, a note in the mailbox or an approach outside the building are in breach of privacy?  Or a doorknock?  Or friendly note under door, any of that ok?

I don’t know how many times I have written this but there is no statutory absolute right to privacy under Australian law.  Anybody who tells you that sending an email or making a phone call or even photographing someone in their own home is a breach of privacy doesn’t know what they are talking about (and probably has something they are trying to hide).

Now, that’s not to say that no one is entitled to privacy but the above scenarios are covered by other laws such as trespass or misuse of a “carriage service” – that’s if any offence has even been committed in the first place.

There are different rules for companies and corporations, but if, for instance, calling someone on their phone number was an invasion of privacy with legal ramifications, cold calls from call centres would stop overnight.

On the other hand, members of a corporation have the right to communicate with other members, provided they do so in a way that is not itself illegal. We can even criticise each other – provided it’s done in good faith and there is no malicious intent.

So forget privacy.  It’s not an issue.

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[Lady Penelope]

BONNIE L – Without a clearer understanding of what you are hoping to achieve, here is some information regarding access to the Strata Roll, and access to the Tenant.

As an owner you (or your representative) have a right to see the Strata Roll and ask to take a copy of the Roll, including names and addresses of Owners. There are no privacy laws over-riding the strata manager’s obligation to provide access for you to inspect the Roll. The owners corporation owns this information and the strata manager is only acting as their agent.

However, there is not an automatic right to inspect phone numbers and private email addresses. You also do not have an automatic right to have this information emailed to you by the strata manager.

STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 182

Requests for inspection of records of owners corporation

182 Requests for inspection of records of owners corporation

 

(1) Persons who may inspect An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

(2) Form of request The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.

(3) Items to be made available for inspection The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent:

(a) the strata roll,

The Tenant can be contacted via the Owner, and/or the Tenant’s Real Estate Agent.

The Tenant has a right to quiet enjoyment. Clearly harassment of the Tenant is not permitted however it would be difficult to claim that a courteous and polite contact would be considered harassment. Common sense should prevail. 

RESIDENTIAL TENANCIES ACT 1987 – SECT 22

Tenant’s right to quiet enjoyment

22 Tenant’s right to quiet enjoyment

 

(1) It is a term of every residential tenancy agreement that:

(a) the tenant shall have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (for example, a head landlord) to that of the landlord, and

(b) the landlord or the landlord’s agent shall not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the tenant in using the residential premises.

(2) A landlord or a landlord’s agent under a residential tenancy agreement shall not, during the currency of the agreement, contravene or fail to comply with subsection (1).

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