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Hello to all
Forgive me if this is a subject already covered – I have been searching for some time and not found a definitive answer, including looking at baffling legislation.
My question, at a meeting (quarterly or AGM) of the Body Corporate in a Strata Plan, does the Chair/Secretary need to articulate (verbally and/or in writing of the minutes) the record of incoming and outgoing correspondence?
I ask because I have never been provided with – or sighted – written records of correspondence with outside providers, being tradespeople, their quotes and/or correspondence to the Executive Committee from owners/residents regarding the general day to day running of this complex.
As an owner (who attends meetings) I am concerned that the Executive Committee of the block I am in is not being informed of all matters arising in the management of our property.
Thank you for your time in reading this, and I hope someone can shed a definitive light on my question.
Many thanks
Ms X
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It's a standard item on most EC and AGM agendas to refer to correspondence in (usually brief) summary. Otherwise the meetings would go on forever. Most chairs will also advise the committee of the gist of contentious emails – “we've had several complaints about the dog in unit 23 …” kind of thing – again without necessarily producing the letters or emails.
In some circumstances they will provide members with copies of the correspondence, so they know exactly what they are dealing with.
However, as an owner and therefore a member of the Owners corporation, you are entitled to ask to see the contents of mail to and from the executive committee (including quotes and estimates) although this may require a trip to your Strata Manager and payment of a $28 fee.
But bear in mind that expediency and discretion oil the wheels of voluntary bodies like executive committees and while that can be open to abuse, most often it's just a way of getting through the blizzard of paper that afflicts most organisations these days.
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.
If the $28 is for a s108 search then it is $30 for the first hour and $15 for every additional hour in the 2010 Regs; unless it has changed, which it does.
In my SP the mail is never on the agenda and it is only “after the fact” that owners know what has come and gone; often mail is not recorded as incoming or outgoing which makes it hard to ask for at a s108 search because one can't ask for what one does not know exists.
Often mail is opened and action immediately taken. Say for example there is a compliant about a dog on unit XX; the EC will sometimes immediately vote to send a notice to comply; depends who owns unit XX.
It has all been brought up with CTTT who didn't care – the OC thus feel vindicated in there hopeless management.To get back to the issue:
Section 104 of the SSMA requires the OC to keep, for 5 years, copies of correspondence received and sent by the owners corporation.Correspondence received and sent by the owners corporation should be recorded in the EC minutes.
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