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Topic
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Hi All,
Im new here- hope Im posting in the correct area.
I have a problem with an EC member approaching and harassing my 11 year old son about alleged behaviour on common property.
My son went out to put some rubbish in the bin- he was alone and was approached by a member of the EC- who accused him of behaving dangerously in the pool area of the building. My son explained that he must have the wrong child as he had not been at the pool for weeks- I know this to be true. Big scheme and lots of kids around.
Now I was not here to witness the conversation but my child came back in tears and very distressed- unusual as he is usually not affected like this. He said he was yelled at, screamed at and stood over by the man. No other witnesses around.
I (the owner) went out and spoke to this EC member. He told me that he was within his rights to speak to a child as it is part of his role on the EC. I told him that he was not to approach my child and that he should have come to see me if there was a problem. He maintains that it is his right/ responsibility as he is part of the committee.
As it turns out he was not even present when the so called behaviour (jumping into the pool) happened- he was acting from second hand information from someone else.
This to me is bullying and if there was a legitimate complaint then it should have gone to an EC meeting or something???
This man has too much time on his hands- and is always hiding around corners looking to catch people doing something wrong- he takes great pride in telling people he is on the committee and has a history of telling people what they can/ can’t do.
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I would start informally by talking to other EC members. Stay calm and reasonable but firm and clearly stating that you are angry and that this is not acceptable behaviour. Then, depending how that goes, write a letter to the EC as a whole. If directed via the managing agent that puts another person in the loop and may have the correspondence on file. This might be enough to have the EC member pull his head in.
As important as dealing with the EC member’s inappropriate behaviour is, it is also important is that your son sees you go in to bat for him.
All of Sir Humphrey’s advice but I would also think about proposing a motion to the SC about inappropriate behaviour and/or a request that
a) the SC establishes acceptable protocols for its members when dealing with issues (see below) and
b) it consider issuing a Notice to Comply to the self-appointed StrataKop for unacceptable behaviour while on common property.Now a) is worth pursuing as it would establish clear boundaries for the future and it could be something like:
In the event of a suspected by-law breach any owner or resident may:
1. Approach the alleged miscreant and politely ask them to cease.
2. Report the by-law breach to the committee, in writing.
3. Provide evidence of or witness statements related to the by-law breach.
4. Propose a motion to the committee calling for further action including mediation and/or the issuing of a Notice To Comply.
NB: When acting alone, committee members have no additional authority or responsibility beyond that which applies to ordinary lot owners or residents in the building.
Now, although b) is unlikely to fly, it sends a clear message to your StrataKop that they are in the wrong and have crossed a line as far as their general behaviour is concerned and would certainly bring their control freak tendencies out in the open for general discussion.
You might also request a personal apology from the resident concerned to your son – just to show him that adults can be idiots but it’s rarely the end of the world.
Don’t forget that the strata Act empowers owners corps to arrange their own internal mediation and this would be an appropriate forum for a personal apology.
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Yes to JT’s advice too.