That’s weird. Not surprising, but weird.
An EC member can’t unilaterally instruct lawyers on behalf of the OC without the authority of the EC, i.e. a resolution of the EC. You would expect to see the proposed resolution on an EC agenda, with notice given, and then a resolution of the EC minuted etc. etc. The only exception to that might be if it were really urgent, say you were trying to get an interim order.
So on its face it raises questions about whether there has been any authority to instruct the lawyers, in which case who is responsible for the lawyer’s bill. It looks like the strata manager has paid the bill, but I would be asking him why.
How much was paid, because Whale is correct re how much the EC can authorise re legal expenditure.
When we have sought legal advice we have been really careful to pass the correct resolution and delegations, so it is absolutely clear. We backed that up with a further resolution at the AGM.
If the EC member has been purporting to give instructions on behalf of the OC, then they can’t claim privilege, because you are part of the OC.