Question: Our committee recently published a ‘building contact list’ including my name and number. We’ve never permitted these details to be shared. Can the committee share personal information without permission?
I own a lot in a strata complex of 102 lots. My mother lives in the apartment. The committee published a list of all “residents” contact details (lot number and phone number). They obtained these details from the body corporate records.
I purchased my lot in 2016 and have never received a request from the committee or strata for my mother’s or my contact details to be published this way.
The committee updates the list regularly. Recently when they updated the list, my name and mobile number were included – even though my mother still resides in the lot and I am the owner.
I understand my details are listed on the body corporate roll and available to anyone who pays the fee to access the role. However, is the committee allowed to publish a list of all resident’s details without their explicit approval?
I asked the committee to remove my details immediately. I suggested they request permission from residents or provide an ‘opt-out’ for those who do not want their details publicly available.
The strata manager says the committee can do this. Are they correct?
Answer: Submit a motion to the committee (or indeed, to a general meeting) to have action taken.
Your query exists in a grey area. Note that I am only speaking here from a strata background and with strata expertise. I cannot comment on any privacy issues which may or may not apply. You should seek specific privacy advice from relevant government agencies.
As you rightly point out, your details on the roll are available to any ‘interested person’. That includes your details as an owner and details of any lease of six months or more. I assume the latter point would include your mother.
Queensland’s strata legislation is quite clear that the details on the roll are available, provided that the correct process to access has been taken. As far as I can see, the situation you describe – in which those details are proactively published – is not provided for at all. Playing devil’s advocate for a moment, the committee may argue that publishing details this way takes the concept of transparency to its ultimate end and that all details would be available to an interested party anyway. The flip side is, of course, your concern that neither you nor your mother agreed to this kind of publication and that, at the least, an interested party still has to go through a process and seek approval for the records they seek. Proactive publishing is very different to that.
The ‘opt-out’ scenario you describe is also in a grey area. Again, that is not expressly provided for, although it is arguable it would be reasonable for the committee to agree to do so on your request.
Assuming that you remain concerned about this situation, your option here would be to submit a motion to the committee (or indeed, to a general meeting) to have action taken – e.g., that the committee cease proactive publication (if you want to cast the net widely) or that the committee cease publication of yours and your mother’s details (if you want to keep it focused on your situation). As an owner, you have the right to submit motions. If your motions do not succeed, then you can dispute that through the Commissioner’s Office.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898