Question: Is it legally permissible for a council of owners to use email for notifications and communication with lot owners?
I own a strata lot in WA and am the elected secretary and acting treasurer. I have also been acting as a volunteer strata manager.
Our strata scheme has six lots with five owners/residents. Everyone has an email addresses. The strata uses an email address for all notifications. What is the legality of notifications and replies when communicating to owners via their email addresses? Can I arrange the AGM using email communication?
Can an owner vote via email on AGM/EGM agenda items before the meeting rather than attending the meeting in person?
Our owners are apathetic regarding strata management, and I’m sure no owner will nominate for elected council positions. How can this problem be overcome?
Answer: Email is a valid form of service if the lot owner has requested this as their service address.
Concerning the legality of notifications and replies when communicating, email is valid if the lot owner has requested this as their service address. If they request postage, this preference must be adhered to. If email is preferred, a by-law can be lodged for the scheme that confirms electronic service.
Voting at an annual general meeting is a different matter. The Strata Titles Act 1985 allows voting subject to any requirements of the scheme by-laws. A person may attend a meeting of a strata company remotely and be taken to be present at the meeting. A person may attend and vote at a meeting remotely via telephone, video link, internet connection or a similar form of remote communication if this does not place an unreasonable imposition on the strata company.
If you are acting as a voluntary strata manager, please note there are requirements under the Strata Titles Act 1985 for this position.
If a minimum of three owners do not nominate to be on the council of owners at the Annual General Meeting, all owners become the council of owners.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400