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: jo@mcwilliamsdavis.com.au P: 08 9422 8910