#28989
Jimmy-T
Keymaster

    OK, I’m not sure exactly what you want here – compensation for the hassle, to punish the committee member for being a tool, to prevent this behaviour in the future or a combination of all three.

    First, can you take steps to have a committee member removed?  Yes you can (in theory). Under section 238 of the Act (below) NCAT can order a committee member to be removed for “serious misconduct”. I’m not sure this qualifies.

    You might however write to the committee and ask that the committee member be counselled about their behaviour and reminded that they do not have the power to order anyone, owners or tenants, to do anything.  There are procedures that should be followed and they have not been in this case.

    However, you will consider this matter closed and you will not take this any further (as per Section 238 of the Act allows you to) provided that there is a public apology included in the next minutes of the executive committee and you are compensated for the unnecessary expense caused by this committee member’s actions.

    You might add that there is an underlying sense in these incidents that tenants have no rights in strata.  This is not the case and it’s worth reminding all committee members of that.

    So that’s an option – I’m not sure it’s going to help and I doubt if you will get compensation but it might just fire a shot across this committee member’s bows and make him think before he acts up again.

     

    238 ORDERS RELATING TO STRATA COMMITTEE AND OFFICERS

     

    (1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:

    (a) an order removing a person from a strata committee,

    (b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

    (c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.

    (2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:

    (a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

    (b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

    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.