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  • #7156
    Anonymous

      Our committee (through the strata manager) issues letters to individual owners with wording like, “It has come to our notice that you …”, or “A number of complaints have been received about your …”. There has even been, “A complaint has been received from the adjoining complex about you …”.

      The alleged complaints are always anonymous. Some owners believe that the committee chair initiates the “complaint” to harass on intimidate owners.

      There is no documentation to support the “complaints”; usually they not discussed with the owner, and the committee won't discuss the matter with the owner. There is usually no reference in the committee meeting minutes.

      In essence, charges are laid without demonstrable evidence. The outcome is that the owner can't reply to the claims, can't mount a defence, and definitely can't rectify a situation if it really exists.

      Have you any thoughts about the advisability of an executive committee entertaining anonymous and undocumented complaints?

    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #12264
      Jimmy-T
      Keymaster

        Here's a radical thought – there is no such thing as “private” correspondence within a strata plan. As an owner you are entitled to see any correspondence to or from the Executive Committee unless there is a very, very good reason for not doing so.

        In other words, if an owner or resident has written to your committee in relation to how any other resident or owner is behaving within the strata, you can ask to inspect the correspondence.  If the strata manager says it was a phone call, you are entitled to ask who the phone call was from and what the response was.  If the strata manager or executive committee refuses to provide that information or show the content of the correspondence, then I would say you are entitled to say there is no such correspondence and ignore the warnings based on them.

        Executive committees can't issue warnings without holding a meeting to ascertain whether or not there is a problem.  In your case, the fact that the complaints haven't been minuted in
        meetings means they effectively don't exist and I would treat them
        accordingly.

        Strata managers who have been delegated the powers of the EC have to show the process of complaints and how they responded if they are challenged on these matters in court or at the CTTT.

        There are situations where the EC and the strata manager might want to use their discretion such as when one resident is justifiably scared of their neighbours but there are ways round that.  But using anonymous complaints as the basis for threats against owners is a form of personal harrassment verging on bullying.

        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.
        #12266
        struggler
        Flatchatter

          We have issued such notices in the past “It has come to the EC's attention” but we have never issued a notice to any owner for something that can not be verified.  If someone complains about another owner parking in visitors spots, we would check to see if infact this owner does use these parkiing spots.  We wouldn't take the word of someone.  Then, if we can see and ensure that the facts are right, then we issue the notice.  In that way, though there may be a tip off from an owner, it is the EC who has seen it for themselves.

          Luckily though, we have had little need for owners to complain about other residents.  We have had one noise complaint that we could not verify.  In that case we asked the owner making the complaint to put a note under their neighbours door advising them and should that not work they should put it in writing to the managing agent for the attention of the EC.  Owners who are planning a party in this complex advise the other owners so they can expect some noise.

          For the most part, our letters stating “It has come to the attention of the EC” are for the bleeding obvious.  Such as the owner who continually leaves piles of things in the driveway outside his unit.  Despite numerous notices, he continues to do this.  Infact, there is a large pile of building materials in the driveway right now!  And guess what, this person put their hand up for the EC this year.  And this person has agreed to send notices to owners who have left materials on common property.   Perhaps he could send himself one then he would know who it was from!

          #12269
          easty
          Flatchatter

            My view is that complaints to OC’s should not be acted on unless they are reduced to writing.  The written complaint should be a contemporaneous account, as much as possible of actually what happened, what has given rise to the complaint with objective full details, including any evidence such as photos, police report, building report, other owners/occupants experience etc to allow the OC, through the EC, to take appropriate action.  “It has come to the attention” is a cop out and meaningless and has no real factual basis.

            Similarly any complaint the OC resolves to make directly to an owner/occupant should be in writing with the same components as above and must give the person about whom the OC is complaining the opportunity to respond.  Such a process can apply when an owner/occupant has a genuine fear of harassment about whom s/he is making the complaint.  The initial correspondence from the owner/occupier in these instances should be kept confidential.

            If is also a good idea to formally let all owners and occupants know of the OC’s policy  i.e. that no complaints will be acted on unless received in writing.  Furthermore if complaints are lodged in writing with the OC the complainant will receive a response.  There can be some exceptions such as emergencies or when immediate action is needed so the above is a general rule.  Such notice should also inform complainants that if they have concerns about making a complaint against someone the OC will act on their behalf, provided they let the OC know in writing of the actual complaint.

             To facilitate lodgement of complaints a pro forma “Building Incident” report form which can be emailed, posted etc. would assist.  Such a form could be used for a whole range of building related issues e.g. security breaches, building faults, non compliance with by-laws; safety concerns, general queries, suggestions etc.  Many people are not good at writing letters so such a form should be easy to understand and complete, concise, flexible, available as an online tool and be able to be integrated into your building log.

             In addition to the above a correspondence register should be maintained by the OC where all items to and from the OC are recorded – this should include emails, letters, faxes, legal notices etc. The correspondence register should be tabled and be open for discussion at each meeting of the EC  i.e. a standing item on all agendas for EC meetings.

             With the above procedures everything is above board, all correspondence is open for discussion, all correspondence is recorded and acted on and you have a permanent record.

             

            #12270
            Jimmy-T
            Keymaster

              I agree with most of this – the problem arises with the initial complaint in writing. Can that really be kept confidential? I totally understand why you would want to do that in certain cases but is it legal?
              Interestingly, in Victoria the Executive Committee has to respond to every complaint, even if it is only a letter explaining why they aren’t taking it any further. And they have to set up a disputes and mediation procedure – that’s what you get when laws are written by people who spend all day in committees.

              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.
              #12271
              struggler
              Flatchatter

                When we act on a matter in this complex (after we have verified details) we do leave a note to the resident in question.  We do not do this via the managing agent.  Right or wrong, we actually like to give residents a chance.  If they park in visitors spots once, we don't act.  If there is a pattern of parking, then we leave them a note with dates.  We have always felt that in this way they don't get a  bad “record” and have a chance to redeem themselves.  Generally this has worked. 

                We have one resident who has broken every strata bylaw and damaged common property and despite doing everything in writing for all these continuing matters, this resident is still continuing with this behaviour.  This resident has harrassed a member of the EC over complaints over these matters (so do you think anyone would put their name to a complaint for this unit).    There is a tremendous amount of written correspondence in this instance all from the EC.  If a matter needs to be taken further then having info in writing is of course necessary.  And continuing bad behaviour needs to be taken further.

                So except for this one resident, we have no real record of complaint for anyone else, though notices have been given out to quite a few.   Considering the worst offences of residents has been the parking and garbage/garbage bins, we haven't seen the need to have a endless paper trail if we can get them on the straight and narrow and with their reputation in tact!  If they follow the rules once we “prompt” them (which is what we consider the “it has come to the attention of the committee” notices to be) , then no need to take it further.  If they want to ignore the notices, then we start with the formal correspondence. And with good behaviour, we wipe the slate clean for that resident.

                And as far as taking photos, a resident has abused an EC member for taking photos of common property.  Believe other residents don't like it and think it spying!  So no one is comfortable with taking photos.  We just have dates and times, car regos and details.  Only resort to photos when the matter gets to the point of considering action.

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