Question: I know of email correspondences between the executives Chair, Treasurer and Secretary that have not been shared with all other committee members. Should all BC emails be shared with the committee when requested?
As an ordinary committee member it has come to my attention that there are several email correspondences between mainly the executives Chair, Treasurer and Secretary that have not been shared with all other committee members including myself that pertain to the BC. I have asked the Chair to send all these onto the rest of the committee without any reply or response. Can I take this matter further as I am aware that all BC emails are not private and must be shared when requested?
At previous BC meetings I have requested to be included in all correspondence but the executive members still ignore this. There’s correspondence that I have requested to receive by the Chair and he will not respond.
What other options do I have?
Answer: Without the chairperson volunteering the nature of the email it would be difficult to characterise whether the email is a body corporate record or not.
The module provides that the following is a body corporate record:
correspondence received by the body corporate, and correspondence sent by the body corporate
Adjudicators have held that irrespective of whether such communications are held on the formal body corporate record, or by a committee member separately, they are still a body corporate record and are subject to the usual record request obligations.
However, that does not mean that each and every communication sent or received by a committee member fits within the definition of correspondence received by the body corporate, and correspondence sent by the body corporate.
For example, the email in question may be a private email between two lot owners who just happen to be committee members. This would not be a body corporate record. However, if the email was sent or received in the committee member’s capacity on behalf of the body corporate, it would be a body corporate record. Without the chairperson volunteering the nature of the email it would be difficult to characterise whether the email is a body corporate record or not.
This post appears in Strata News #564.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753