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Hi, thanks everyone, and a query please: is the use of a tape recorder for the purpose of recording a meeting permitted in strata? In my experience it is unlawful to do this without permission. Insights appreciated .
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Only if all those attending agree.
In my experience it is counterproductive, minutes are to record proceedings of a meeting, they are not meant to be a verbatim record of everything that was said at the meeting.
My view is that as long as the majority of owners agree it would be ok.
Cosmo it is not the majority, everyone present has to agree. It is governed by the Surveillance Devices Act.
My understanding is that you can record, but it is what you do with the recording that is governed by legislation.
No that is not correct either, refer here.
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/sda2007210/s7.html
Scotlandx, the legislation you refer to applies to “private conversations”. Are you sure it applies to OC meetings that are very much open?
That piece of legislation, if I recall correctly, was introduced to stop the secret recording of things such as telephone conversations and talks between individuals where one of the parties did not know of the recording.
In the case of OC meetings I am suggesting that everyone knows it is being recorded but only a majority has voted for it to be.
A strata meeting is not a public meeting that anyone and everyone can attend. It therefore must be surely considered a private discussion or meeting.
In real terms, people who don’t want to be recorded would be effectively denied the ability to speak openly. It has to be unanimous.
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Strata meetings are private, they are not open to the public.
Yes, OC/SC meetings are private, but can be recorded to assist with minute taking.
I think what is illegal is recording in ‘secret’ or against the wishes of an individual.
Refer to the link below that sets out the law. If someone, anyone, wishes to record a strata meeting, they must obtain the consent of all the participants. If anyone objects (as you note), they cannot record it. If they continue they are breaking the law, and the Chair should ask them to leave.
https://muellers.com.au///2017/wp-content/uploads/2016/04/Recording-Strata-Meetings.pdf