#66608
Jimmy-T
Keymaster

    If you do a search on this website (especially in the Forum) for “code of conduct” and “standing orders”.

    There is one item that’s common in a lot of standing orders (not just for strata committees) rules that an owner may not speak on an item again until everyone else who wants to speak has had their say.  That could be handy.

    If you have a standing order that an owner can be “named” as disruptive in the minutes, subject to a vote of the committee in situ, that might curb some excesses – but I doubt it.

    It may be that you need to establish your standing orders which includes expected standards of behaviour at your meetings – including the Chair’s right to rule someone out of order for not speaking to the motion – then pass a by-law to establish the legality of the standing orders.

    Once that’s done, issue a Notice To Comply when the disruptive neighbour misbehaves.  You could even have a standing item on your meetings’ agendas to issue Notices to Comply for breaches of by-laws.

    Issue the NTC and when they do it again you can seek fines and orders at NCAT.

    However, the Act allows people to attend meetings and you interfere with that right at your legal peril.

    By the way, when you are passing your “standing orders” by-law, be sure to include a clause that allows the committee to agree to record the proceedings.

    Your noisy neighbour doesn’t have to give their permission to be recorded, they only have to be informed that a recording is underway.  I believe that if they continue speaking when they have been clearly informed that they are being recorded, they have effectively given permission.

    A motion to allow audio recording of the meeting would be effective notice that the meeting was being recorded.

    The recording of their disruptive behaviour can then be used as evidence at NCAT when you are seeking orders to get the miscreant to observe the by-law that enshrines the standing orders.

     

    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.