#57686
Jimmy-T
Keymaster

    You could threaten them with reporting them to the privacy commissioner as they are using private information (addresses and emails) for spamming owners.

    I’m pretty sure the Privacy Act doesn’t cover this kind of communication, for a variety of reasons, not least the provisions that we cite when demanding that strata managers turn over owners’ email addresses when they clearly have them in their possession.  This document is quite enlightening in this regard.

    Your last point is probably the best tactic.  Respond to every unofficial email with a standard email that says something like:

    “The email sent out on [insert date] entitled [insert subject line] was not an official communication from your committee.  This was from one isolated member of the committee and does not necessarily reflect the views of your elected committee.  Please feel free to disregard this message and any others that don’t come from the committee’s secretary, even though they purport to come from the committee.”

    If the miscreant continues, threaten to have them removed from the committee either via a special resolution at a General Meeting or through action at NCAT.  Often the prospect of the public humiliation of even initiating such a move would make them pull their head in

    Of course, this kind of bullying may make it hard for the committee to each agreement on this, at least in open session.

    Perhaps you might point out to other members, initially individually and in private, that anything they walk past is something they endorse and they could be held liable for negative consequences if they don’t assert some control over communications coming out of the committee.

    Then present the response emails option at your next committee meeting and get the votes you need.

    If the person concerned IS the secretary, they can be removed from that role (but not the committee) by a simple committee vote.  Again the prospect of that humiliation may be enough to get them to behave.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.