Can a chairperson control a Gmail account in the strata company's name, and are owners entitled to access it?

The strata company is a legal entity formed upon registration of the strata plan. Its name is fixed under the Strata Titles Act 1985 as amended (“the Act”) under Section 14.

If the council of owners opens an email account in the name of the strata company, they may do so; however, that email address then becomes the service address for the strata company and implies that it is the official channel to communicate with the strata company, i.e. the council of owners. It is considered good business practice to have a resolution from all owners directing the council to open a specific email account for the strata company, so that all owners and relevant parties are advised of the correct communication channel. To make it a legitimate service address for the strata scheme, the strata company may resolve to amend the service address by ordinary resolution in accordance with Section 30(3) of the Act.

Further, Section 107 of the Act provides that an owner (or mortgagee) is entitled to inspect all records of the strata company, which include correspondence, notices, reports, and other documents made or received by the strata company. Communication between the strata manager, council, owners, and contractors in relation to the strata scheme forms part of the strata company records. It does not matter whether those records are held in hard copy, digital format, or within an email account. Therefore, an email account used for strata company business (such as sending/receiving quotes, contractor instructions, or correspondence with the strata manager) contains records belonging to the strata company, not the private property of the chairperson.

The chairperson’s reliance on the Privacy Act in our opinion is misplaced. The right of owners under Section 107 of the Act to access strata records is a statutory entitlement. Importantly, the request is not for access to the chairperson’s personal email account, but to an account set up using the strata company’s name and used exclusively for strata business. Therefore, the “personal privacy” claim does not apply.

A motion requiring that all owners be granted access to an email account containing the strata company’s records is a valid motion, as owners and authorised parties have a right to access strata company records by way of inspection. The strata company has a duty under Section 104(c)(v) of the Act to keep all correspondence, notices, and orders it or its council sends or receives. The chairperson’s assertion that the motion was “invalid” and “carries no authority” is incorrect. In our opinion, the motion stands as a lawful resolution of the strata company unless set aside by an order of the State Administrative Tribunal (SAT).

This does not constitute legal advice. The strata company may obtain their own legal advice to suit their circumstances.

This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.