[Jimmy-T]

Congratulations.  

May I now suggest that you have a look at the SCA’s online training for committee members – and you might want to suggest it to your fellow EC members too.

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[Jimmy-T]

@dolphi.dolphin said:
Police won’t help; they will only act if there’s physical violence or the threat of it.

Police, just like the rest of society, are just getting to grips with the realities of strata living.  Your average front desk constable is going to respond exactly as you have outlined, because they don’t know any better.

In fact, psychological abuse, verbal abuse and harassment can all be grounds for an Apprehended Personal Violence Order (click here for more information) more commonly known as an AVO.

I would start by asking to speak to a community liaison officer who may not be specifically in charge of this area but is likely to be more sympathetic.  And, hey, a strata scheme is a community.  They might decide that a phone call warning this person may be enough.  Or you may have to go to court and get an AVO.

On the question of a threat of violence, I once called the police about a noisy neighbour, they asked if there was violence or a threat of violence.  

I said: “Not yet … depends how quickly you get here.”

“Has he threatened you?”

“Nope, but as soon as I put this phone down, I’m going to go and threaten him.”

“Sir, if there is any violence, we will use this phone call as evidence.”

“Me too,” I said.

They were here in five minutes.

As described above, you could always put a motion to the committee to discuss bullying by certain members of the committee, then get it all out in the open and on the record.

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[Jimmy-T]

I did a quick Google search on this and found an article written by me (which was gratifying, if nothing else).  This is what it says:

In Queensland the committee can also vote on issues without formally holding a meeting. There a “flying minute” is used, for instance, when urgent work needs to be approved in a hurry.

According to this document, “decisions may be made in this manner if all committee members are given written notice of the motion and a majority of the voting members of the committee gives written agreement to the motion.

“The notice (or the ensuing committee member’s agreement) does not need to be in writing and can be given orally or by some other form of communication. Any motion voted on under these provisions must be confirmed at the next committee meeting.”

So what you have probably come up against here is a combination of infrequent committee meetings and a strata manager who charges on a per-use basis, rather than a flat fee.

If you want a decision on your cat before the next EC meeting, which could be months away, this is extra work for the strata manager and he is going to charge you for that.  Otherwise, I would assume, your committee will just say wait until the next EC meeting.

So find out when the next EC meeting is and decide if you can wait that long. There should be no charge if your request is part of a meeting that would happen anyway.

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[Jimmy-T]

Let’s forget strata law for a second.  You have stepped in, organised an emergency repair and saved the owners corporation potentially thousands of dollars. You actually tried to do the right thing but their systems were inadequate.

So, you write a polite letter saying that they owe you money and you want it reimbursed. You should add that iIf they don’t do so within 14 days, you will commence proceedings at a district court for recovery of the actual expenses, legal fees, loss of amenity and personal expenses.

Their call – do they want to do it the easy way or the hard way?

The great thing about going to the district court is that you aren’t spinning the NCAT chocolate wheel – these guys work on the law and common sense.

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[Jimmy-T]

OK. I’m not going to second guess the insurer ion this one as the terms of their policy will be specific.

However, have a look at this website and if you want to take it further contact NSW Fair Trading HERE and, failing that, the Financial Ombudsman Service Here.

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[Jimmy-T]

@Millie said:
And Members of the NSW Parliament want to adopt what they’re calling the ‘Melbourne Model’ for short-term letting ie, three complaints and the ‘offender’ is no longer allowed to short-term let in a residential building.

Haven’t seen this anywhere.  Is this the report we’ve been waiting for?

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[Jimmy-T]

In an ideal world, we wouldn’t have states. Does a country of only 24 million people need seven parliaments (some with two houses) plus two Assemblies? No wonder the quality of our politicians is so poor when they are spread so thinly.
But, to take your point, it would be good but direction would have to come from Canberra – and they would all hate that.

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[Jimmy-T]

@ROBYN SHORT said:
Hi, Interesting discussion thank you.  Is it a fact that pre-1974 buildings’ windows are the responsibility of individual lot owners  

I answered this incorrectly before (and have since been corrected by Whale in Item 6).  Windows on to balconies were lot owner property in pre-’74 buildings but became part of common property thereafter.

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[Jimmy-T]

Was the meeting quorate – were one quarter of the owners represented in person or by proxy, either in simple numbers or as a total of unit entitlements?

If a meeting has been called properly and the chair doen’t show, provided the meeting is quorate you can choose someone elese to run the meeting.

Even if it isn’t, an order to overturn a decision at a meeting can be rejected by an NCAT adjudicator on the grounds that no injustice has occurred and no one has suffered as a consequence.  I’d say you’re pretty safe.

By the way, I hope you didn’t re-elect the shair.  What kind of chairperson doesn’t turn up at an AGM? 

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[Jimmy-T]

The by-law quoted is clearly intended to default to option A – unless there is evidence that option C was chosen by owners at a general meeting.

So, what is Option A – and which state are you in?

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[Jimmy-T]

Which state are you in?

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[Jimmy-T]

The tribunal declined to make such a ruling as they were not sure how thy could police the behaviour. A former Fair Trading commissioner used to tell this story (at every opportunity).

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[Jimmy-T]

@bah777 said:
Hi Jimmy,

Do u think buying gift cards with a note to each affected tenant (including the weird guy…) placed in their mailboxes helps?

Nope. But having neighbours round for a few drinks is normal and gives you a chance to get to know each other (and gossip about the weird guy).

As for the weird guy, if he already has a personal agenda to the whole building, it seems nothing will ever appease him unless he is chairman or something?

Ask him if that’s what he wants.  If he says yes, tell him that upsetting everyone is not the best way to achieve this.  Owners aren’t going to elect him and tenants are reporting back their landlords about his behaviour.  If he asya he doesn’t want to be the chairman, tell hime to stop trying to rule other people’s lives

I remembered one of the owner (moving back soon) at the AGM who told me her uncle once gave the weird guy very stern warning and he backed off from harrassing her with calls.

A couple of years ago I had a run-in with a neighbour who was posting stupid, nasty notices about me on the notice board.  Eventually I sent him a text that said “Please understand I can’t allow this to continue”.  No threats, just a simple statement of fact and allowed him to work out what that meant.  His imagination did  the work for me.

Do u think i should rent out or just move in? Stress is affecting me.

You sound like a person who doesn’t like confrontation and would find a prolonged battle with this person very wearing.  Save the money you would have spent on gifts and get a strata lawyer to send this person a letter detailing all the things that he has done that are illegal and the steps you intend to take if there is just one misstep by him, including AVOs, by-law breach notices and fines (which in three months will be payable to the Owners Corp.)

Lawyers letters scare the crap out of people and it sounds like this idiot really doesn’t like it when people stand up to him.

It might cost you a few hundred dollars but it could be well worth it in the long run.

Also, have a look at the advice I gave HERE. Discussing this person’s behaviour at a meeting and referring to it in the minutes might make him realise that you are all united against him.  Let him have the sleepless nights.

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[Jimmy-T]

@chiggs79 said:
Just wondering if anyone can advise what we do next… if anything.

Background:

When signing the tenancy agreement we noted the strata laws said ‘no pets’ …

What is the exact wording of the by-law? Have a look at item 9 HERE and you will see why this is important.

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[Jimmy-T]

I agree with most of what Peter says above but I would take a slightly different tack.

As I explain in this roundup, comments made to assist the running of an EC have qualified privilege when it comes to defamation.  As long as the comments are made in good faith and without malice, you are pretty much covered.

Now, I would only contemplate this if you were 100 percent certain that this person was the culprit, but you can take the fight to them.

Tthis person may think they have put themselves in an untouchable position by getting on to the strata committee, but they’ve also made themselves vulnerable.

It requires a special resolution at a general meeting to remove a member of the committee, but suppose you go to an EC meeting and present a motion that the EC calls an EGM for the sole purpose of asking the owners to remove this person from the committee.  

You explain that at the meeting, you will state your case – you plan to accuse this person, in front of other owners, of all these terrible things and he or she will get the chance to defend themselves.

Now, at this point, chummy is either going to resign, promise that they’ll behave in future, or say “bring it on” and threaten to sue.

If the committee declines to follow through, you can force their hand by getting 25 percent of owners to agree to an EGM, something else you state at the committee meeting.

OK, let’s stop there – you have already achieved a lot. You don’t actually have to go through with this. You have exposed the bully and it may even be on the record in the minutes.

Bullies prosper when only their victims know who they are, just as evil prospers when good men and women do nothing.

My guess would be that the risk of exposure would put this person in their place. If not, you still have the opportunity to have them voted off the committee mid-term or at the next AGM.

Bullies will hide behind threats of defamation, that’s for sure.  But if you can tell them that there is no defamation in EC or owners corp discussions (almost true), that may put their gas on a peep.

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