Owners were denied entry to the budget meeting, Zoom attendance was not provided, and the meeting was not recorded. What options are open to me to redress these civil law breaches?
The committee only gave seven day's notice of our budget meeting. Attending owners were refused entry as the committee claimed they failed to confirm attendance 24 hours before the meeting.
I attempted to attend via Zoom, but my request was ignored. The secretary declared that no recordings of the meeting were permitted.
A recent webinar webinar: Recording strata committee meetings stated it is unlawful to ban recordings (ref 6 minutes).
I have forwarded the video link to the committee and the body corporate manager, requesting they rescind the ban on audio recordings. I've been ignored.
Can you please advise if meetings require 21 days' notice, zoom-in is permitted, and a ban on audio recordings is unlawful?
What options are now available to redress the above civil law breaches?
I would wait to see the AGM papers and whether the issues you worried about were addressed.
I think the first thing with something like this is to determine whether you are up for what could be a long, drawn-out legal bun fight. If you aren't up for that, I would avoid the legal demands.
Your issues seem to relate to the budget meeting. The budget needs to be approved by owners at the AGM. Yes, the proposed budget will be set by the committee at that budget meeting, but all you could do from the floor of the meeting would be to observe discussions – not add to them or change them.
I would wait to see the AGM papers and whether the issues you worried about were addressed. If they weren't, you are entitled to vote against the budget and ask others to do so. If the budget is not passed, the committee will have to do something else. If it is passed, you either accept the will of the people or look to challenge the approval because of your concerns, should those concerns be founded on some lawful, challengeable basis.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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