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[oldandtired]

We have a notice board for owners to post notices etc.  When an owner posts a notice that the EC does not like it gets taken down.  What can we do and is it legal for an EC to censor our reading?

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[Jimmy-T]

Is the notice board there as required in your by-laws?  The answer differs depending on whether it is or isn’t.

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.

[oldandtired]

yes the notice board is for owners use and the EC has a locked glass noticeboard

[Jimmy-T]

You haven’t really answered my question. Is there a by-law related to the noticeboard and what does it say?

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.

[oldandtired]

there is a by law for the notice board;

by law 22. The owners notice board will maintain the existing notice boards on the common property for formal and informal purposes.  An owner, occupier or invitees of a lot must not post material that could reasonably be expected to cause offense or embarrassment to any owner, occupier or to any person lawfully using common property.

[scotlandx]

I think you have answered your question – if the material isn’t offensive or embarrassing then it shouldn’t be removed.

Of course the EC may have a very subjective view as to what is offensive or embarrassing, but it is the owners’ noticeboard, not the EC’s.

[oldandtired]

Our EC finds communication between the owners offensive so most notices are removed within hours.  thank you great web site.

[Jimmy-T]

@oldandtired said:
by law 22. An owner, occupier or invitees of a lot must not post material that could reasonably be expected to cause offense or embarrassment ….  

OK, thanks for that. A few points:

You don’t know that it’s the EC members who are taking down notices (but it’s not a bad guess).  However, it could be people who support them or other owners who simply don’t like seeing the scheme’s dirty laundry aired in public.

Chances are that this is one EC member, acting independently, thinking they have the authority to do so.

Is the wording of the the notices offensive. Emotive terms like “irrational” or “disgraceful”, let alone words like “corrupt”, could offend some people.

But let’s assume that your notices are not offensive.  What can you do?

You could put a motion to the EC that they define “offense or embarrassment” as per your by-law to allow for healthy debate while excluding personal attacks and profanity.  You might point out in discussions that any EC member who takes down a non-offensive notice is in breach of your by-laws because they do allow notices to be posted. 

Alternatively, run a number of copies of your notices and every time it’s taken down, you put another one up with the additional line of “This is the second [or third or fourth] copy of this notice which is being removed by people who don’t want you to know what’s going on.”

Then, every time someone takes the notice down, it strengthens your argument.

I ran a successful noticeboard campaign a few years ago against one of our EC’s more lunatic ideas – and I did so because the information they were giving the owners was just a pack of lies, plain and simple.  I used the above technique, my posters stayed up and we won. (Although they had the last laugh when they moved the noticeboard to somewhere fewer people would see it).

Finally, if you think it’s worth the effort, create a little website or blog called http://www.[name or address of your building]facts.com then keep all your arguments online but just post little notes on your noticeboard every so often that say “Because of censorship of this noticeboard, the truth about what’s happening in this building can now be found on www. [yourbuilding]facts .com.”

Website companies like Crazydomains.com.au will provide a website plus hosting for less than $4 a month and a .com domain name for $12.50 a year.  Domains ending in .com.au are more expensive.

But whatever your means of communication, try to avoid personal attacks, moderate your language and be aware of defamatory accusations.

Noticeboards are a great way of stimulating discussion in a community.  They should not be censored but neither should they be the vehicle for personal attacks, vendettas and crazy conspiracy theories. That’s what the internet is for. 

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.

[oldandtired]

The web site domain information will help immensely and affordable. 

It is the EC that are taking the notices down.

The ladies that posted on the notice board are 85 and 75 they do not write offensive notices.

thanks again

[Author]

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