Topic: Are we vexatious for filing against the Committee?

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30/05/2018 at 6:39 am #9172 Reply | Quote
Losezama
Flatchatter
Our Body Corp Committee neither read, understand or apply the legislation or By-Laws correctly, and are always misled by the Body Corporate Manager. By intention, or by pure ignorance the BC Mgr never corrects the Committee’s mistakes.

This ‘forces’ the Owners to file Conciliations or Adjudications based on By-Laws or sections of the legislation. Therefore, when Submissions are written by the Respondents (the committee, caretaker and BCMgr), they claim that the Owners filings are ”vexatious.” Please note, that the certificates and orders from the Adjudicator or Conciliator do not state that they are vexatious, and in fact are always in favour of the Owners.

Are we being defamed? Are we vexatious? What should we do about this material being published in the Commissioner’s Office? Please help?

Zerobullying
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30/05/2018 at 1:27 pm #29645 Reply
scotlandx
Flatchatter
This is not legal advice, I think people often misunderstand the parameters of defamation, and how it works.

As an example – you cannot defame a company.

I don’t know if you are being vexatious or not, but in the general scheme of things, does it matter? Do you think the general public is accessing the information? All sorts of things are stated in defence responses, and the word vexatious is very common. The key thing is if any ruling is in your favour.

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30/05/2018 at 8:14 pm #29646 Reply
Losezama
Flatchatter
Chat-starter
This is Qld: Although, we have a fabulous Office of the Commissioner and Body Corporate Management in Qld, our Committee and BCMgrs never check any legislation or By-Laws. Also, another problem we have in Qld is that the Body Corp Management industry is ”unregulated.” So one can be an absolute donkey one day, but hang up a sign and become a Body Corp Manager the next day.

Also, we have a large scheme of 160 Owners but only 20% vote, or get involved in Body corporate matters. The apathetic behaviour of Owners is largely due to the fear of ramifications by the caretaker and committee, and previous court cases.

If we leave the vexatious comments on file, we fear that Owners would shun us and shut us out because they believe the comments made by the Committee and BCMgrs.

Should we speak to a defamation lawyer, or ask for the alleged claims of being vexatious to be removed from public record?

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31/05/2018 at 5:21 am #29650 Reply
Lady Penelope
Flatchatter
Committees unfortunately often use this tactic to try and intimidate owners who may be making a legitimate complaint. Anyone who disagrees with these types of Committees is often accused of being “vexatious”!

Did you win your dispute against the Committee?

If the Committee, in one of their submissions, has alleged that you are “vexatious” and the Tribunal has ruled in your favour and not in favour of the Committee then, in my opinion, the Committee’s allegation against you has been disproved.

In my opinion there is no need to take this matter any further.

Anyone who reads the records of any Tribunal ruling in which you were successful and the Committee was not would most likely view the record in your favour and not in their favour.

Anyone who reads the records could view the Committee’s allegations against you as being wrong.

Sometimes complainants are deemed to be ‘vexatious’ by the Tribunal. An article relating to this subject is below:

https://www.abcm.com.au/news/article/dealing-with-vexatious-litigants

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27/06/2018 at 12:42 pm #29828 Reply
Losezama
Flatchatter
Chat-starter
Thanks for that advice. I do recall the Qld Commission staff stating that people who raise legitimate complaints are often labelled as vexatious by Committees. However, it’s not nice to be defamed for pointing our errors and mistakes by Committees, and I think the Commission should have a way of ‘penalising’ people who make such statements.

At the end of the day, all we are doing is reading the legislation and reminding the Committee that this is their job.

However, it seems that some people get onto Committees just so they can exert power and control over people, and/or to give themselves a sense of importance around the place.

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Reply To: Are we vexatious for filing against the Committee?

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