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I’ll argue as I WFH that the SDA applies!
Sexual Discrimination Act, I get (I think). But “I WFH”? We try to limit the use of initials and acronyms here. Please explain.
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Yes he is a known pest, he harassed another woman, but she’s a pest too, and won’t help, and harasses people herself.
It sounds like you live in total bedlam there.
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If another standard contract ( purchase of car for example ) is used as a base for a new strata contract, this may reduce the opportunity for SCA to claim copyright infringement on the improved contract.
But then you have to find a competent strata manager who’ll agree to sign away their extraordinary protection under the SCA contract.
In this regard, if no other, SCA sails perilously close to operating as a cartel while at the same time touting its professional integrity via the Professional Standards Scheme. They can’t have it both ways and I will raise this with the SCA, the Fair Trading minister, another minister whom I know is frustrated by one-sided strata management contracts and maybe even the Fair Trading Commissioner, Rose (the invisible woman) Webb.
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Unless control of the noticeboard is established by a by-law, then no one has any right to put anything on it or, indeed, take anything off it.
You might propose a motion to your next AGM that residents be allowed to post “inoffensive” material on the notice-board with a clear definition of what inoffensive and, indeed, offensive material is considered to be.
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Thanks Jimmy. Agree with you, but NSW Courts see it as neighbours arguing, not violence, so an AVO arguing I’m scared for my safety (which I am not) won’t gel.
Not me. However, a motion to your next AGM, even if it failed, would put it on record that you were being harassed by this person
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.. if JT reads this, it’s a call to get OCN to draft a contract that committees can put to their strata managers, or perhaps the government could draft a contract similar to what they have done for residential tenancies.
A couple of points:
- I read everything that appears on this forum (although I don’t always understand it).
- I am not nor ever have been a member of OCN (although we are on good terms).
- I believe OCN has been trying to formulate an independent and fair strata management contract for a while now, but it keeps butting up against issues of copyright (see item 4).
- In the past, as Kaindub mentions, efforts to adapt the standard SCA contract have met resistance from SCA claiming that the contract is their copyright and therefore it can only be altered with their permission. The fear is that the use of any legalisitic phrase in another contract, which is almost unavoidable, would trigger refusal at least and legal action at worst.
SCA members may not have a stated policy of only allowing its contract in an unadulterated form, but that’s effectively what they do. If we were in any other evolved jurisdiction, this might well be seen as operating a cartel. Ironically – that they can’t be seen to operate as a cartel – is the reason SCA’s predecessor ISTM used to give for not issuing a table of reasonable strata management fees.
Last year, SCA NSW instituted a government approved Professional Standards Scheme which, its website says, “has advanced consumer protections in New South Wales to the highest level nationally”.
According to the SCA NSW website its Strata Manager members are bound by a Code of Ethics that compels them to act “honestly, ethically and with a duty of care to their clients.”
According to another page on its website, the SCA Code of Ethics defines ethical behaviour as being ‘in accordance with the moral standards customarily applied in a business or professional relationship’.
It goes on to draw from the Property, Stock and Business Agents Act 2002 and Property, Stock and Business Agents Regulation 2014 – the laws that govern the behaviour of strata managers – rules regarding Fiduciary obligations, honesty, fairness and professionalism and acting in clients’ best interests while eschewing “high pressure tactics, harassment and unconscionable conduct”.
Is strata managers refusing to sign any contract except one that appears to be weighted excessively in their favour “high pressure tactics” or “unconscionable conduct”?
Marry that to their implied assertions that any strata manager who isn’t a member of the SCA has dubious standing in the industry, and any “take it or leave it” position seems to be unethical, by their own standards, at the very least.
Kaindub’s idea that the state government should create its own standard strata management agreement has a lot of merit. Maybe the new Fair Trading minister will make that one of her first priorities (ROFL).
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Please no legal advice, I don’t need to be told to get a restraining order, I’d just like to hear from people if they’ve experienced “sexual harassment” or sleaziness on common property.
OK, but I’d be interested in what committee members or ordinary neighbours would do if a neighbour complained about this kind of behaviour in their block.
Or, if you have encountered the same kind of treatment, what have you done about it?
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Before talking to your lawyer, read s.90 of NSW SSMA carefully and you’ll see that you might be able to get the OC’s costs charged only to the culprits, perhaps the committee members.
Section 90 is there to prevent owners who take legal action or are subject to it, and win their cases, from being charged their share of the legal fees that would normally be distributed according to unit entitlements. I have never heard of committee members being isolated and charged with the costs of legal action they have either instigated or defended.
The committee acts as representatives of the whole owners corporation (Section 36) while Section 260 specifically states that the officers and members of the strata committee, if they have made an error in good faith and within the restrictions of strata law, can’t be subjected to any “action, liability, claim or demand.”
If costs were awarded, then they would be against the whole owners corporation with the possible exception, under section 90, of the plaintiffs. If the other owners have a problem with that, then they should think more carefully about who to elect as committee members.
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I’ll let the readers know how I go as it seems this matter is likely to go to the Supreme Court and there will be learnings to share.
That would be great and good luck with your case.
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If your levies have never been changed since the 1960’s then you must be laughing with the minimal payments you are all making as shareholders to keep the company/unit block going.
I saw that and suspected the OP meant the shares (the equivalent of Unit Entitlements) had not changed since the 60s. The charges must have gone up in the past 60 years, surely, or the building wouldn’t be able to pay its bills.
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Somewhere in the SSMA I recall reading that a CP addition must not impact the livability of an individuals lot.
I can’t find that in those words but it doesn’t mean that the responsibility doesn’t exist in a combination of a number of sections of the SSMA, the Regulations and the Strata Schemes Development Act.
You really need to speak to an experienced strata lawyer and there are a couple of excellent ones advertising at the top of this page.
Just make sure that if you do end up at NCAT, you apply for costs.
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If this person IS the chair, then a simple majority of committee members can vote him out of that role.
Also, at some point next year, strata law will change to allow committee members to be removed by a simple majority of the other owners at a general meeting (currently it requires a special resolution and 75 per cent vote).
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As of this month (December 2021) there are five tiers of owners corporations in Victoria. Their definitions, rights and responsibilities are explained here. But, for instance, a Tier 1 block must have a strata manager but it’s optional for the others.
Basically the tiers are:
Tier Definition 1 More than 100 occupiable lots (and not a services only OC) 2 51 to 100 occupiable lots (and not a services only OC) 3 10 to 50 occupiable lots (and not a services only OC) 4 3 to 9 occupiable lots (and not a services only OC) 5 2 lot subdivision or a services only OC If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
We’ll need more detail. Does it directly affect your lot or indirectly? For instance, have they moved a fence on to lot property or built a structure that now overshadows your property without touching it?
Your question is a bit vague which is I think why no one has answered it.
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