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Have a look at this story about a strata chairman who won $120,000 in defamations (plus costs) and the details which are in this case.
Now, there is a certain leeway, or “qualified privilege”, permitted in strata committee communications, to allow for the efficient running of the strata scheme.
But as soon as those communications have an element of malice and broader distribution beyond just the owners in the building, that leeway can be seriously reduced.
In the first instance, you could write to the committee and ask that the personal harrasment of you stops immediately, attaching a copy of the above story.
Or you could ask that the committee exercises its powers under the act to remove the offending person from their executive role (but not from the committee) simply by electing another member of the committee to that role.
Or you could approach the lawyers in the above case (Goldsmiths) and ask them what your chances would be in a similar action.
Or you could seek mediation at Fair Trading in pursuit of a Section 238 action at NCAT to have the offender removed from office or from the committee entirely. I am told Section 238s are notoriously hard to get through, but just calling for mediation might focus the strata committee’s minds.
So many options, but you have to decide what you want – to be left alone, an apology or something else. But consider what Confucius said: “When you go seeking revenge, remember to dig two graves.”
