This article is about whether a strata owner attending an online strata meeting from their home is allowed to make a recording of the meeting for their personal records.
Table of Contents:
- QUESTION: Can an owner record an AGM? The strata manager says only the strata company is allowed to do so?
- QUESTION: Is it legally permissible for a council of owners to use email for notifications and communication with lot owners?
Question: Can an owner record an AGM? The strata manager says only the strata company is allowed to do so?
If you are an owner at an AGM meeting, are you allowed to record the proceedings at the meeting? At the last AGM meeting, the strata management said that only they or the strata company were allowed to record the meeting.
Answer: In WA, recording an AGM without the consent of all parties may breach surveillance laws, so legal advice should be sought before doing so.
Recording conversations in Western Australia is controlled by the Electronic Surveillance Devices Act 1998 (WA) (the Act).
Generally speaking, it is an offence under the Act for a person to install, use, or maintain, or cause to be installed, used, or maintained, a listening device to record a private conversation.
The term “private conversation” is defined by the Act to mean any conversation carried on in circumstances that may reasonably be taken to indicate that any of the parties to the conversation desires it to be listened to only by themselves, but does not include a conversation carried on in any circumstances in which the parties to the conversation ought reasonably to expect that the conversation may be overheard.
An AGM is likely considered a private conversation given that those permitted to attend the meetings are usually limited to the members of the strata company or invited guests. Accordingly, any attendee at an AGM may record the meeting, but they must have the consent of everyone present.
If the consent of all parties is not provided, then it is likely that recording should not be taken.
There are some exceptions under the Act from the prohibition on recording private conversations.
That said, it is arguable that a recording of an AGM taken on behalf of the strata company forms part of the strata company records, and a person with a proper interest in information about a strata titles scheme (as defined by Section 107(2) of the Strata Titles Act 1985 (WA)) may be able to apply to inspect (or in this case, hear) the recording of the AGM.
Any attendee of an AGM should obtain legal advice before recording any conversation if the consent of all parties is not provided.
Disclaimer: The above response contains a summary of relevant information or an opinion which is current at the date of publication. This document is not intended to constitute legal advice and does not take into account individual facts and circumstances. The reader must not rely on the above response as advice.
Jason O’Meara
McWilliams Davis Lawyers
E: [email protected]
P: 08 9422 8910
This post appears in Strata News #751.
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: [email protected]
P: (08) 9262 0400
This post appears in the May 2025 edition of The WA Strata Magazine.
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Read next:
- WA: Q&A Notices, Motions and Meeting Minutes
- WA: Q&A Strata company meeting – how many owners form a quorum?
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I think this thoroughly does fall under legal opinion alone where the deliberation of what is private conversation and what is transparency spoken at an AGM. AGM bylaws are very critical, understanding context where there is often no introduction for new strata members, an appropriate record is necessary.
There is also a challenge of ensuring AGMs have to be available online for those to try and participate and understand proceedings but cannot be present, that is a recording. A group can also finish the meeting and continue informally in those instances, holding consistency in what is already a grey area is necessary. Withstanding to the meeting minutes.
So, at a personal level I would challenge that a person reserves the right to record for administrative purposes in the window for administrative enquiry.
I am the Care Taker and a lot owner at a Strata Company in WA. I have read online that a member of the CoO MUST hold the position of Chairperson. Is this in fact a legal requirement?
Regards
Debbie
Hi Debra
This Q&A should assist:
Question: What are the duties of a Chair of the Council of Owners? Can they act for the Council Of Owners even if not all agree?