This lot owner is questioning the validity of the Chair’s need to verify any amendments to an AGM recording. Christopher Kerin, Kerin Benson Lawyers provides the following response.
Question: If an AGM recording is made, does the Chair have the right to insist any proposed amendment to the Minutes must be verified by his listening to the recording as proof?
If an audio recording is made of the AGM proceedings, does the Chair have the right to insist that any proposed amendment to the Minutes must be verified by his listening to the recording as proof?
There is a danger that the words or sentence in question is taken in isolation and that the intention of the speaker is ignored by this practice.
How important is the AGM recording in a legal sense? sometimes the quality can be so poor that words are not clear–
Answer: It would be wise for the contract to take into account the possibility of finding asbestos.
Here is an excerpt from my book: Guide to ACT Strata Law on Surveillance System:
The intentional listening to, or recording of, private conversations to which the person is not a party is prohibited under section 4 of the Listening Devices Act, and the possession, communication or publication of material obtained from such a recording is prohibited under section 5, 6 and 7.
Applied to the strata context, the recording of an executive committee meeting or general meeting would therefore not be an offense under the Listening Devices Act as such meetings are not private conversations. However, consideration should be given as to whether any matters being discussed at the meeting are subject to legal professional privilege before agreeing to any recording.
A few other things to note (assuming that the relevant legislation is complied with):
- the minutes of the meeting do not require the Chair to listen to any recording made of that meeting;
- the minutes of the meeting should not have a summary of the discussion which took place at the meeting. Rather it should simply contain the resolutions passed as well as any items requested to be noted in the minutes. In this way, any potential for defamation is minimised; and
- the legal significance of a recording of a meeting depends upon the purpose of the recording.
This post appears in Strata News #196.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.