#56327
Jimmy-T
Keymaster

    I think I may know the the type of person you are talking about.

    Now, you can’t prevent this person from writing to you, but neither can he force you to read the emails and letters.  So you could pass a resolution at your committee that, in view of previous abusive and time-consuming communications, the committee has resolved not to read them unless they come from the owner’s solicitor, and have instructed the strata manager to deal with them the same way.

    Just make sure the resolution is absolutely neutral and doesn’t contain any comments that could be seen as defamatory. Personally, I would only refer to this person as “the owner of lot ###” – not even his apartment number – as anyone who wants to know who they are can soon find out but you aren’t seen to be unfairly targetting one person.

    Something like “In view of the tone and number of communications from the resident of lot X, this committee resolves not to read or respond to further communications unless they are in writing (or come from the owner’s solicitor), and has instructed our strata manager to restrict direct communications accordingly.”

    If the miscreant takes action at Fair Trading and NCAT, you can  seek costs on the grounds outlined HERE, including:

    •  The relative strength of a party’s case or whether the case was hopeless
    • A party’s case was frivolous, vexatious or misconceived
    • Any other matter the Tribunal thinks is relevant

    I note you refer to this resident as “tenant”.  Are they a renter?  If so, they are on even shakier ground, I would think.

     

    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.