Question: The committee communicates via a WhatsApp group in our small strata scheme. Owners are denied access, and discussions and decisions are not transparent. Is this legal in NSW strata law?
I’m an owner in a small 12 unit block of strata managed apartments in Sydney. Five owners are on the committee.
The strata committee operates a closed WhatsApp group. Discussions and decisions are not transparent, minuted, or correctly shared with owners.
Owner access is refused, as the group is for ‘committee members only’. Since there are so few owners, it would make sense for everyone to join in.
What’s the legal position in NSW strata law regarding such private discussions on social media and other electronic communications platforms and decisions made without reference to owners?
Answer: The committee can have a closed WhatsApp group for discussion. However, they cannot make decisions using WhatsApp on behalf of the strata committee.
Anyone, including committee members, can have a closed WhatsApp group for general discussions. WhatsApp can be a very useful tool for day-to-day discussions, and it is surprising that the committee do not want to be transparent and include all owners, especially considering the size of the strata scheme.
However, whilst they can have a closed WhatsApp group for discussion, they cannot make decisions using WhatsApp on behalf of the strata committee. Decisions can only be made by properly convened meetings of the strata committee, where proper notice of meetings is provided.
Proper notice of strata committee meetings allows all owners to review the proposed decisions of the strata committee and the opportunity to attend any meetings or oppose any of the decisions in accordance with clause 9(3) of the Strata Schemes Management Act 2015.
Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226