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One of my management companies (in VIC) started ending levy notices by email.
Interestingly, they still sent the next AGM agenda by regular mail.
But when I pointed out a glaring error in the AGM agenda, they made an 11th hour amendment to it – which they said they will send to all owners – but by email!
This is for a 200 lot strata. I doubt that all 200 owners would even have email. So I have doubts that the11th hour AGM amendment was even done legally.
So, can an OC management just switch to email? I know it’s the way of the future. But is it the legal way of now?
The Electronic Transactions (Victoria) Act 2000 (and the OC Act 2006 VIC) says you can do it. But only after “consent” from the receiver. Consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with. Consent for something that must be in writing means “the person to whom the information is required to be given consents to the information being given by means of an electronic communication.”
No-one asked me! And I’ve not consented (by email) AFAIK.
And other OCs I’m part of still send snail mail…
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It’s legal in QLD once a motion has been passed to authorize email at an AGM.
BUT each individual owner has to opt in (as you state) otherwise what happens to people who aren’t internet aware.
Sounds to me like your SM is trying to increase his profits by saving on postage and printing but I bet the saving won’t be passed on to the owners.
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