Question: Our owners corporation manager has switched to a digital portal only, with no human contact, and says any errors are the owners’ responsibility. Is this legal?
Our owners corporation manager has told us we’re now using a digital portal. There is no human contact, and all correspondence and notices are accessed through the portal. We also have to accept terms and conditions stating that any errors are the owners’ responsibility, not the owners’ corporation manager’s. Is this legal?
Answer: An owners corporation manager cannot use a digital portal or contract terms to override their statutory obligations under the Act.
There is nothing in the Owners Corporations Act 2006 that prevents an owners corporation manager from using a digital portal as the primary communication method.
However, the owners corporation (OC) still has statutory obligations regarding records access, notices and service of documents, and a management company cannot contract out of statutory duties required under the Act.
So there will still be some notice service issues requiring action outside the portal, and resolutions for the OC to consider and adopt formally through resolutions, such as consent to electronic service.
A blanket statement that “any errors are on the owners” would not override statutory obligations or consumer protections.
An owners corporation manager cannot simply shift responsibility if the error relates to a range of situations delegated to the manager by the OC, including failure to properly issue notices, keep accurate records, or comply with the Act or Regulation. The owners corporation management contractual terms cannot override statutory duties the manager performs on behalf of the OC.
When interviewing or appointing a manager, it is important to ask what software package they utilise and the features it offers, together with which features the manager then uses and offers to their clients.
Your owners corporation manager’s service offer, including in their fee, is based on the owners corporation manager’s service offering and then the OC’s acceptance.
The OC, typically being represented by the committee, selects the manager.
The owners corporation manager acts under delegation from the committee, and the service model forms part of the management contract.
If owners are dissatisfied with the service model, the proper avenue is through the committee.
Your owners corporation management company’s directive that there will be no human contact, and access to all correspondence, notices, and communications is via the owner portal, is not common practice across the industry, particularly given owners corporation management is considered a customer service industry. However, it would have been discussed and agreed between the owners corporation manager and your committee when the committee appointed the owners corporation manager.
So you would be best to discuss this aspect and the owner’s desired service levels with your committee, so they understand owners’ expectations and needs.
Some owners will like self service and lower fees, others will want standard fees and service on call.
Whilst the committee is delegated to make decisions on behalf of all owners, check if they consulted owners for more input before making this decision, or could in the future.
No doubt the owner’s corporation manager’s level of service would be reflected in their negotiated fee.
It should be noted under Sections 134 and 135 of the Owners Corporations Act 2006, owners are responsible for notifying the OC of their postal address within one month if they sell their lot, or buy a lot within the OC, or if they are not occupying their lot for more than three months. Obviously, having all of an owner’s various contact details is significantly beneficial for effective communications.
An owner portal offers owners a self-serve ability to access documents 24/7 that owners may otherwise have had to request from their owners corporation manager. It assists in ease of access, document library, notices, historical information and transparency.
The owners corporation management industry is still highly driven by pricing, with many OCs often selecting their manager based primarily on price point, rather than expertise and service offering considerations.
So while efficiency gains and cost savings are beneficial, especially in these cost-of-living and housing crisis times, it must be balanced against the OC’s actual service needs and wants.
With the ongoing emergence of AI and other technological innovations in the industry, we can expect to see more diverging service models and options offered.
This post appears in the May 2026 edition of The VIC Strata Magazine.
Hedley Gaudin
Australian Owners Corporation Management (AOCM)
E: hedley.gaudin@aocm.com.au
P: 03 9863 9100
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