Question: Our caretaker/letting agent is asking owners to not read the body corporate committee’s monthly newsletter nor to vote with the committee. How can we deal with this situation?
Our caretaker/letting agent is asking all owners under their letting agency to not read the body corporate committee’s monthly newsletter nor to vote with the committee.
While I appreciate that the caretaker is free to communicate with owners, the content of most of the communication is to direct owners on how to vote. This makes me wonder if their behaviour is professional. How can we deal with this situation?
Answer: The key thing is that owners are able to vote (and do vote) freely, enthusiastically and genuinely, and if they do that, then that vote counts.
Where it gets to legally is that people are entitled to have an opinion and express that. Whether that is ‘vote for me’ or ‘vote against that’ is 100% fine and laws relating to body corporate records are of such a nature to allow people who want to share that opinion to contact all owners to do so. The key thing is that owners are able to vote (and do vote) freely, enthusiastically and genuinely, and if they do that, then that vote counts.
Whether the behaviour is professional or not is a subjective opinion and that is not something the BCCM Act regulates anyway!
This post appears in Strata News #632.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
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