- This topic has 10 replies, 5 voices, and was last updated 2 months, 3 weeks ago by .
-
Topic
-
What can be done if you find out, and can prove, that a SC member is lying at a meeting?
-
Replies
-
Isn’t that obvious? Demonstrate that their account of events is not true and that yours is.
And to whom, Sir Humphrey, does one demonstrate the truth? The SC?
Facts and “truth” are less important than cause and effect.
If someone is telling lies or presenting erroneous information that is causing damage to the strata scheme, than that is something that can be and should be challenged via the mediation and tribunal system.
If it’s a case of personal affront, my view is that there are beter ways to spend (waste?) your time and emotional energy than fighting the good fight.
In the building where I live, the chair routinely stacks the committee with their chosen acolytes – generally the rich people who live on the higher floors – and makes snide and derisory comments to anyone who offers any criticism (including, especially, yours truly).
However, they have adopted our building as their hobby farm and do a lot of unpaid work. All that said, when they make a bad decsion, there is enough involvement in the general community to stop their more egregious plans. And if they did something that was bad for the scheme, and pushed it through at an AGM, I and others would run them through Fair Trading and the Tribunal.
It has taken me a while to realise this, but sometimes it’s easier to eat the shit sandwich, and keep your powder dry until you really need it, rather than be the constant thorn in their side that eventually becomes blunted through over-use.
Otherwise, if someone has lied about you or the fact of the matter and it’s on the record, put your correction and objection on the record too, perhaps in the form of a motion to the next general meeting that “so and so be asked to withdraw and apologise for the erroneous information they presented on such and such a date.”
Then it is there for everyone to see and if they decline to withdraw or apologise, then it’s on them and not you. If the chair declines to put it on the agenda, then you can apply for mediation because they have breached strata law and that is where the truth will come out.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
As JT said, you have to pick your battles.
Picking a fight just to prove you are right wastes energy and just makes the other side more against you.
On the other hand, if the battle is worth fighting, then there is only one person who will lead the charge. Look in a mirror for the answer.
It’s surprising how the threat of mediation will suddenly focus the committee that one is serious. If that fails there is always NCAT.
Also remember, it’s not what one believes is right that the law supports.
Strata living is governed by the act and bylaws. Read these carefully and then decide, is there evidence of a contravention of the act or a bylaw. If the answer is maybe, then the whole process of a hearing will be protracted as each side argues its more right than the other.
I’ve had a couple of instances recently where owners decided to take the OC through the process. In all instances they folded because the law was not on their side.
It’s surprising how the threat of mediation will suddenly focus the committee that one is serious.
Tom Cruise as Maverick in Top Gun:
Don’t think, just do.Just cart them off to mediation, don’t threaten, do it.
It is informal, there is no commitment beyond it, there is no cost and once you have been a few times you will be very relaxed about it and happy to do it every-time the rogues put on another performance as bad actors.And if your OC is silly enough to get, for mediation, legal advice or send the agent as their rep then that is their choice, not yours. So any vilification that you are costing the OC is easily dispelled as playing the man and not the ball.
What can be done if you find out, and can prove, that a SC member is lying at a meeting?
We’ve got SC members who lie through their teeth as if it is a part of their s 37 duty.
“Due care, diligence and whatever lies are necessary to promote their agenda …”Same people are responsible for the “code of conduct” for SC meetings which says a SC member should not mislead the committee.
Lying here is about who is saying what, it isn’t a lie if one of your own faction is saying it and loyalty to the faction means you must subscribe to the lie.It isn’t just lying to the SC. These people are happy to entrench lies in minutes and when our highly capable friends (LOL) at NCAT were asked to make a s 238 order and remove the people from the SC for lying and misleading owners via SC minutes it meet with a big fat NO. That is not serious dysfunction.
Underline that part – lying is not serious dysfunction.Similar outcome when the OC was found to be lying to NCAT in submission – nothing came of it.
I will give an example of a more recent lie.
We have an owner who played the death threats card.
Claimed to the AGM they had received death threats.
When asked from who all you heard were crickets.
When asked if it was reported to the police all you heard were crickets.It was an absolute lie but it attracted some sympathy from those who subscribed to the liars factional agenda.
Lies – not much you can do about them except enjoy the division they cause.
I think we forget that the tribunal is concerned with breaches of the act.
Sure its annoying that people lie ( shock horror). At the tribunal the member listens to the evidence provided by both parties and decides sometimes which is the most credible version of events
Sometimes it’s a case of he says, she says. The member was not present , so makes a decision on the evidence presented. I guess sometimes they may get it wrong, but that does not make the system bad.
Both parties have their version of events, otherwise they would be in agreement.
And if your OC is silly enough to get, for mediation, legal advice or send the agent as their rep then that is their choice, not yours.
And make sure that the OC raises a special levy for the costs, but which doesn’t include you. And make sure that they have been warned so that they have to explain to other owners why they and not you are paying needless legal bills.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- You must be logged in to reply to this topic.