› Forums › Strata Committees › What to do when I am bullied. › Current Page
Both Strata law and common law exist side-by-side.
Your question is a common law one.
I am going to assume that neither the EC nor the SM are the ones doing the bullying….
So all other cases would have first had to go before the courts to determine an instance of bullying occurred or a systemic pattern of bullying occurred within the strata scheme. During that time the court may involve the EC and SM. Even if these individuals are cleared of wrongdoing, the insurance may choose not to pay costs based on what it believed the EC ought to have done with respect to the WHS act/good faith, etc in which instance there starts to be this notion of ‘personal liability’ that the website lists.
Realistically, for the statement to have much stick, the scheme would need a building manager or other permanent employee that bullied residents, or the EC bullied residents, etc, etc. In short, it is a very grey area.
I can’t see too many instances of where a dispute between neighbours or exclusion by the SM would end up as shared liability for individual EC members, which is what I think your question is ultimately asking.
