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Some may have seen my only other post in the great Flat Chat called ‘The Faceless Men Who Control Our Life From Behind Closed Doors’.
Since then, after having robust ‘discussion’ with my strata manager and executive committee on the issues mentioned therein, I have now been ‘named and shamed’ in Executive Committee meeting minutes on a completely separate issue: for having plants on my balcony balustrade which are an OH&S hazard.
It is fair enough to be actually asked to remove them, though they have been there for 13 years, are anchored and none have ever taken the drop from the third floor. I have taken them down of course, but miss the, as they have given me great joy and amenity over the years. Other residents have plants on their balustrades too, still there, and they haven’t been identified as I have.
I can’t help feeling I am being being victimized because I had the temerity to disagree with our Executive Committee on the on the issues. (Availability of help when Foxtel and internet are down and can be fixed with simple push of button.)
My question is: Is it usual to mention, name and shame an owner, longtime resident in this manner? A simple note or even a formal letter would have been enough, or dare I suggest, phone call or knock on the door and polite conversation.
Naming and shaming? Not fair in my view.
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So, Wingattack, are your ‘faceless men’ similarly on public display or is this selective exposure.
‘Naming and shaming’ is perfectly legal under the very limited application of privacy laws to strata – the owners’ legal right to know what’s going on in their community supersedes anyone’s mostly imaginary right to privacy.
However, most ECs exercise a degree of discretion, either not identifying residents at all or referring to them merely as the owner or tenant in Lot XX (on the basis that most people don’t even know their own lot number, let alone other people’s).
You could always get your revenge by insisting that all planters that are adjacent to balcony balustrades be removed as they render the balcony non-compliant with OHS laws about the relative height of the balustrade and the balcony floor. I.e. small children could climb up and fall over.
But then you would be at war with your neighbours – and, trust me, it ain’t worth it.
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Wingattack welcome to our club. Whenever anyone asks for work to be carried out at our place, or questions EC decisions, they are rapidly hit with notices to comply, letters accusing them of breaching bylaws or emails to their landlord about alleged indiscretions.
A first initial and surname is hardly considered anonymous. However, if you believe that there should be more, then read the minutes of your AGM: their details are listed there for all to see. If not, then request the information from your SM. Then, go speak to the EC member directly with the intent to gain and give an understanding, not exact a victory.
If the EC member is not on site, then attend the next EC meeting (note: you may not be able to speak during the meeting, but there’s always before and after).You may have to take measures to prove that the plants aren’t an OHS issue in order to get them back, but the exercise may be conciliatory in a broader sense between yourself and the EC and this will probably help you out more in the long run by letting you fly under the radar rather than raising the ire and hence attracting the attention of the EC.
“Wingattack” wrote: …for having plants on my balcony balustrade which are an OH&S hazard. It is fair enough to be actually asked to remove them, though they have been there for 13 years, are anchored and none have ever taken the drop from the third floor. I have taken them down of course…”
1. You have admitted being the perpetrator of a safety hazard which could only be by having pots small enough to pass under or through the railing or so large that they could blow over the railings or you have children unsupervised on the balcony – so the EC appear to have dealt with a serious offence. The EC may however have left themselves open to a libel action in that it may be difficult to prove who the offender was i.e. another occupant of your unit (son, friend, etc) or a tenant of whom the agent had failed to advise the OC.
2. I wouldn’t think many Strata Plans have by-laws dealing with threats of breaking a by-law e.g. while any balcony or window above a common area contains the inherent possibility of objects emerging, this is probably covered by the standard by-law regarding interference with others enjoyment of common property – it’s only if/when something actually occurs that action may take place against the occupier by the EC. For most the combination of morality with the fear of litigation/retribution/infamy keeps most of us alert in avoiding (realistically) potential hazards. A sure sign of a petulant EC is the robust enforcement of unlikely potential hazards while overlooking obvious ones.