#28276
Austman
Flatchatter
Chat-starter


    @JimmyT
    said:

    I am getting a bit weary of this “legal right” argument. Do I have the legal right to express an opinion in public? Yes, I think I do. Is my “freedom of speech” defined in Australian law? No, I don’t think it is. By your logic, that means I don’t have the legal right to express an opinion

    I hope I’ve explained it.   Everyone has a right to express an opinion and make a noise about community issues they are concerned about. Absolutely.

    But when a 3 or 5 member strata committee claims to represent 10 or 50 or 200 or more owners on those same community issues?  That’s the question.   Within the OC Act, a strata committee actually does represent all those 10 or 50 or 200 or more owners if all the allowed functions and powers of the the OC have been delegated to it.  And that has been done at every AGM I’ve attended in the past 37 years.  But beyond those functions and powers?

    Sir Humphrey said

    And then Part 3 and elsewhere in the Act provides more detail. I would argue that s.16(1)(c) covers comment on development proposals in the neighbourhood.

    I think you might be over interpreting S.16(1)(c)?  That function exists in Victoria too.  I think it means the other laws have to specifically give that power to an OC.

    As it turns out, at our committee meeting I stated my concern that the issues might be outside an OC’s functions as stated in the OC Act.  And if so they’d be outside an OC committee’s functions too.  The other committee members agreed and will approach council as a group of concerned rate payers.  The issue and decision was put into the committee meeting minutes and sent to all owners (and even to tenants that have given me their email address).  They can get involved too as they wish!