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What help should an owner REALLY be able to expect from their Strata Manager and other members of an Executive Committee, where just one EC member is obviously, overtly harassing and intimidating an owner, please?
Seems to me like it’s almost ‘institutionalised bullying’ or something like that and there should be a ‘duty of care’ from the EC and SM. In using those quoted terms, I don’t actually know what they mean but something is wrong here. Block of 32, Sydney NSW, 7 on the EC.
(Sorry about my several posts in the recent past but thanks for all the help and hopefully others find the problems interesting and maybe helpful.)
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The answer to this problem begins and ends with the other owners – not the strata manager.
What do you think the reaction would be if you proposed a motion at an executive committee meeting that a general meeting be called with the express purpose of removing this person from the committee?
If the EC agreed to call the EGM – and you would just need the support of three others – you would need to pass a special resolution to get rid of the bully. But being named in the minutes, then the agenda, and the thought of having to justify their actions in front of fellow owners might be enough to make them behave or quit.
If they don’t, surely someone is smart enough to goad them into replicating their behaviour in front of other owners. And it would be the talk of the steamie* in the meantime.
*translation available on request.
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I was impressed to find that my computer is familiar with the phrase ‘talk of the steamie’, though I wasn’t.
Here’s an idea: Could the rest of the EC agree that they would all resign forcing a new election at a special general meeting if the one EC member did not resign? They could explain that they would explain their action at the general meeting and that they would consider standing again. Alternatively, if the one member resigned they might not say much about it and the rest of the EC would carry on as if nothing much had happened. He could resign with some face saved.
Before that, however, it would be ideal if the rest of the EC could have a straight talk to the one member to explain that his behaviour is unacceptable. Being seen to be serious might be enough?
@Costa said:
It seems strange [that] a Strata Manager, to whom all the usual powers are delegated, doesn’t have a ‘duty of care’ to stop bullying or be liable for its consequences. And I would ask the same question about an Executive Committee.You have pretty much answered your own question. I don’t think a strata committee has a default duty of care beyond what is specified in the Act or in their by-laws. So the committee can’t delegate powers to its Strata Manager for the simple reason that it doesn’t have them itself.
Its up to the chair to control meetings and if they can’t, they should be replaced by someone who can. You could ask the strata manager to chair the meeting, but it will cost you. Again, an enforceable code of conduct and/or standing orders for meetings might strengthen the chair’s arm.
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