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[Costa]

What expectations might I have in terms of confidentiality and privacy when dealing with our Executive Committee and Strata Manager, might I ask please?

If I include something like the following at the bottom of an email (or letter) …

‘This email and its attachments are for the sole use of the addressee and may contain information which is confidential and/or legally privileged. Any unauthorised use of disclosure of this email or its attachments is prohibited.’

… am I entitled to ask or expect my identity won’t be shared with the resident I plan to dob in? (Who keeps dumping large foam boxes in our bins to do with her private business.)

Yes, I know what will happen in reality, I’m afraid, thanks. I’ll be named as the person who complained so the Executive Committee aren’t out on a limb themselves.

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[excathedra]

Depending on the size of Costa’s scheme, and assuming you have a by-law based on the model by-laws attached to the NSW Strata Management Act, it may be possible to handle the matter at arm’s length by getting a circular out to all residents reminding them of the relevant by-law, with emphasis on the provision

(3)  An owner or occupier of a lot must:

(a)  comply with the local council’s requirements for the storage, handling and collection of garbage, waste and recyclable material, and

(b)  notify the local council of any loss of, or damage to, receptacles provided by the local council for garbage, recyclable material or waste.

My local council in Sydney’s east explicitly excludes foam packing blocks and containers from its list of recyclables even if they are branded with the appropriate triangle marks.  There may also be regulations about including trade waste in general garbage.

I appreciate that this may be oversimplifying matters; Costa has my sympathy.  On the confidentiality issue, the managing agent presumably needs to use the content of the e-mail to be able to progress the complaint.  If it comes to the point of issuing a Notice to Comply and then proceeding to a complaint to NCAT in the event of non-compliance, the requirement for mediation could be a real problem in terms of identity protection.

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[kaindub]

In my humble opinion, all records of the OC are by law available for viewing by any authorised individual. So a search of the correspondence would (should) show Costas letter.

However, provided this us not a frivolous claim, and is supported by some evidence the EC should be mature and smart enough to not name names.

do you have good evidence, maybe photos or other proof that the target of your claim is actually the perpetrator?

And are you sure they are really breaching a bylaw, rather than just doing something that annoys you?

Robert

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[Costa]

My question has been answered thank you. I should have remembered “all records of the OC are by law available for viewing by any authorised individual” as Robert points out above. I shouldn’t expect confidentiality or privacy at all.

It was that ‘big picture’ I was interested in. Not so much the lazy, inappropriate use and abuse of our rubbish room and bins.

Fact is, so much stuff goes on here that is against all rules, not the right thing to do, inconsiderate of other residents or just plain lazy. And it’s mostly ignored by the Executive Committee and Strata Manager. When anyone complains to them they are treated like a ‘whistleblower’ with all the terms pejorative connotations, naming and shaming the complainant. 

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[Author]

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