Question: Our strata manager charges for every email. Some committee members suggested we stop copying the strata manager into some communications. Are we legally required to include them?
Does the strata committee have to include the strata manager in email communications that do not require a resolution? Our management company charges for every item under Schedule B, so some committee members feel it is only necessary to copy them on communications that are actionable. Are we legally required to include the strata manager in all correspondence?
Answer: There is no legal requirement for every committee email to include the strata manager, but the committee should retain important communications as part of strata records, and the manager must be involved when action, decisions or delegated functions are required.
In NSW, there is no legal requirement that every email or communication between strata committee members must include the strata managing agent, particularly where no action, decision or formal instruction is required.
The key issue is whether the communication relates to the exercise of delegated functions, decision-making, record keeping or instructions to the strata managing agent.
Generally, the strata committee can communicate internally without copying the strata managing agent. The strata managing agent only needs to be involved where:
- the committee requires the manager to take action,
- the communication relates to delegated functions under the agency agreement,
- formal decisions or approvals are being made,
- records should properly form part of the owners corporation books and records, or
- the manager needs the information to carry out their duties.
Under NSW strata law, the strata managing agent acts as an agent of the owners corporation and only performs the functions delegated to them under the management agreement.
That said, there are some practical considerations. The committee should retain important communications as part of the strata records. NSW record-keeping requirements state that communications sent and received by the strata committee and owners corporation must generally be kept for seven years.
If committee members communicate privately and decisions are effectively made outside meetings, this can create transparency and governance issues.
Strata management agreements may charge additional fees for correspondence or administrative work, so committees often sensibly limit copying the strata managing agent into discussions that do not require action. The strata managing agent must review any email they received or were copied on to determine whether any action is required. Depending on the terms of the management agreement, the time spent reviewing and responding to correspondence may incur additional charges.
In summary
A practical approach many schemes adopt is to keep internal discussion among committee members only for preliminary matters or informal discussion, and copy the strata managing agent only when:
- an instruction is finalised,
- a repair or work order is approved,
- legal or compliance issues arise,
- records should be formally maintained, or
- the matter should appear in meeting papers or minutes.
The best answer ultimately depends on the wording of your strata management agency agreement and what functions have been delegated to the manager.
This post appears in Strata News #796.
Jana Antelmann Strata Life E: jana@thestratalife.com.au P: 02 9456 9917
