Question: As a newly appointed committee member, can I include other non committee lot owners in my correspondence with the committee?
I am a recently appointed committee member who has included other residents on email questions and discussions to the committee. I have been told to desists involving other residents in my correspondence.
Am I within my rights to include non-committee members in correspondence to the committee.
Answer: Committee members need to be careful in regard to how and what information they distribute in their elected capacity.
Firstly congratulations on taking an interest in your body corporate by nominating for a position on the Committee. I would be interested to know your reasons for copying in non-Committee members into committee communications. However, as I can only answer on the information provided I would say that Committee members need to be careful in regard to how and what information they distribute in their elected capacity.
There is a Code of Conduct for Voting Members of the Committee, that states, among other things:
- A Committee member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.
- A committee voting member must act in the best interest of the body corporate in performing the member’s duties as a committee voting member.
The Body Corporate and Community Management Act and associated Regulations, that apply to each scheme, prescribe how owners are able to obtain copies of body corporate records. Correspondence between Committee members, about body corporate matters, are a record of the body corporate and should be filed as such. This makes them available to owners to view upon payment of the prescribed fee.
When a Committee is elected, it is done so to get on with the job of managing the Common Property and attending to the day to day administration of the body corporate, this is done on behalf of the other owners. While owners are entitled to attend Committee Meetings, they are there as observers only and cannot address the meeting unless invited to do so by the Chairperson. So interested owners are able to observe the Committee’s processes at meetings.
Coping owners into Committee communications may not be in the best interest of the Body Corporate. As a member of the Committee, there is no reason why you cannot, as an individual, seek the input of owners on certain matters. However emails between members of the Committee would be best kept as that, between the Committee.
While your intentions are more than likely for the best, you should remember that as an elected member of the Committee you must work fairly and reasonably with your fellow Committee members.
The Committee may want to set a Communication Protocol that all Committee members are clear on and adhered to. I hope this information is of assistance.
Karen Thompson
Vision Strata
E: contact@visionstrata.com.au
P: 07 5630 6546
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