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Interesting responses!
DoFT confirms that general and strata committee meetings are considered “private meetings” as members of the public cannot attend these meetings.
Any discussions which takes place at a general or strata committee meeting are considered “private conversations”.
If all of the participants to the private conversation consent, expressly or impliedly, to the listening device being used to record the conversation, the conversation may be recorded.
If a person uses a listening device to record the discussion during a strata meeting without the consent of all the participants in that discussion, the person will normally be breaking the law.
A strata meeting has the inherent power to regulate its own affairs subject to the applicable legislation and rules. This includes power to regulate the manner in which meetings are conducted such as whether or not the proceedings of a meeting can be recorded.
If there is disagreement among those present at a strata meeting as to whether or not the meeting should be recorded, that disagreement can be resolved by a vote of those entitled to vote at the meeting or the chairperson may make a ruling.
The rules regarding the right of a person to record a strata meeting are not well understood and can cause controversy.
The right of a person to record a strata meeting is not unfettered.
If a person insists on recording a meeting after being told that he or she is not permitted to do so, the chairperson may ask that person to leave the meeting or alternatively adjourn the meeting.
Any audio recording of a meeting brings into question whether or not the meeting will be heard by other non-strata members at a later date and whether the owner’s privacy will be respected.
Breach of the Privacy Laws is a criminal offence.