spmanager – Stalking is a criminal offence so be careful how you use this term.
Sending an email to a committee member about the condition of the common property does not satisfy the definition of ‘stalking’ unless it is worded in such a way as to cause a person to fear for their safety. Sending an email to the Committee about the condition of the common property would be a legitimate reason for sending an email.
Just because the recipient may not like or agree with the content of the email does not mean that the content has caused a person to fear for their safety. Lets not become too ‘fragile’ here.
As for when the recipient chooses to open the email and whether this caused an inconvenience …. the opening of emails or texts can be done at a person’s leisure – and does not have to occur when the email is received into the inbox.
FYI
Behaviours that constitute stalking or intimidation
The legislation in NSW has a broad definition of what behaviour may constitute stalking or intimidation, which includes the following:
- Following a person;
- Approaching, watching or frequenting a person’s residence, work, business or a place that a person frequents for a social or leisure activity;
- Conduct that amounts to molestation or harassment of a person;
- Any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship;
- Trying to contact the person by any means (which includes using text messaging, email, social media, telephone, or other technologically assisted means) which causes the person to fear for their safety; or
- Any conduct that causes a reasonable apprehension of violence or damage to any person or property.