Question: At a committee meeting, the caretaker made defamatory comments about some owners by name. This discussion was left out of the minutes. Should the minutes be changed to reflect the discussions?
My wife and I attended a committee meeting as observers. At the meeting, during the delivery of the Caretakers report, the caretakers made defamatory comments specific about named owners, and another comment regarding a group of owners being drunk and disorderly.
This was not recorded in the minutes and when I challenged the Chair and secretary about this, they advised that the minutes are only required to reflect motions, votes and decisions. They refused to change the minutes.
Should the minutes be changed to reflect the discussions?
Answer: The legislation does not require them to be recorded.
Minutes should record decision – not commentary – which we first wrote about here: The meaning of ‘full and accurate minutes’ – the devil is in the detail.
After that, (and this is caveated by the statement that I would need the facts to be able to advise properly), I would not have thought that someone’s statement about another person should be minuted, and even more so if it is defamatory. It is still defamatory whether minuted or not, so the person allegedly defamed still has rights to do what they are entitled to regardless of whether it was recorded in the minutes.
So if I was advising the body corporate I would be likely telling them to steer well clear of getting involved by recording in writing what is essentially a dispute between people about statements made about the other, especially when the legislation does not require them to be recorded.
This post appears in Strata News #560.
Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500