- This topic has 3 replies, 4 voices, and was last updated 2 years, 5 months ago by .
-
Topic
-
I live in a block of 4 units, I have been there for 8 years and am currently the longest residential owner in the building. My problem is a new bullying owner who has bought in and also living in the building he has been an owner for 18 months.
He is the chairman/secretary/head of the Owner’s corporation and anything in between, basically nobody gets a word in edgewise, plus the other 2 owners are investors living overseas and have no interest in the building.
Just recently without a word to myself he has changed the locks on the common access door of the building and is refusing to supply me with a key ( the door was never locked originally) he has done this off his own back without a meeting or notifying anyone.
He is denying me access to any part of the common property, in fact, if he sees me or anyone from my unit, (including the cat) walk up the front steps of the building he calls the police and tries to have us arrested for trespassing.
He has even had cameras installed so that he can keep an eye on the building when he is out and has given camera access to the other residents in the building to watch and report if we walk into the building, we don’t have the camera app despite paying for it in a special levy.
We can only access my property from the rear laneway because of this new ruling. ( we are fortunate to be the only unit with 2 entrances). If we force the doors open (to get to my parcels) or to seek shelter from the rain, he also calls the police and attempts to have us charged with break and enter.
He tells the police that he owns the front entrance and doors. So far this charge has not stuck, but as you can imagine extremely stressful having the police turn up on your doorstep daily (and yes, he directs them to our rear door, not the front door)..
But now he has gone one further and having a by-law drawn up and paid for with the buildings levy money and engaged solicitors to do so, stating that I (or anyone from my unit ) cannot to have any access to the common property, not to be supplied with a key and not to open the common doors, the tenants have been told not to supply a key to us also. It has been agreed to by the other overseas owners at the AGM. I voted against it.
Can he have a special by-law drawn up insisting that 1 particular person cannot use the common property and single out that particular person by name or is this considered discrimination?
He has given no reason. I suspect it’s due to my partner being Egyptian, as he has said on many occasions ‘go back to where you came from, you don’t belong here’. The other owner’s are all caucasian.
What happens if I want to lease out my property and the tenants can’t use the front entrance?
I’m contributing to the access/repair/maintenance for the common property in the levies I pay. Do I take him to NCAT? or Fair Trading? Is it legal to deny an owner occupier access to common property?
If he ‘wins’ this one… what will he claim next? as he has said “he is going to get us… and won’t stop until he will get us right between the eye balls. The Strata manager is of no use either as the bully has him wrapped around his finger and the Strata only takes directions from this man.
We all own 40 equal lots in the building.
-
Replies
-
Has something else gone on here, that you haven’t mentioned?
Either way, this bully needs to pull his head in. He can’t deny you access to common property, his by-law shouldn’t even be registered (if your strata manager is even barely competent) as it is harsh and discriminatory and unconscionable.
And you don’t have to put up with this. I wouldn’t even start with the various infractions of strata law. Apply to NCAT for the statutory appointment of a strata manager to take over all the duties and responsibilities of the committee and officebearers for the next two years on the grounds that the scheme is dysfunctional.
At the same time apply for a personal AVO on the grounds of racial and personal abuse and threats of violence, and ask that this knuckle-dragger be forbidden from talking to you or your partner or even discussing your conflict with neighbours.
Nibbling around the edges never works with these psychos although I can guarantee that even if you get a statutory manager and AVO, which will bring some relief for the next year or so, he will come back bad as ever when their time runs out.
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.
All involved need to be seen to act reasonably. Even if there are unmentioned circumstances the actions mentioned don’t appear to be that. I wouldn’t try any further to address this yourself without independent assistance as it seems too far gone on what you have mentioned. All the best with it and hope you can get on top of it asap.
Holy Dooly!
I’m with Jimmy on this one. This guy sounds deplorable!!
Besides the temporary relief Jimmy has suggested, it might also be worth putting a call into the anti-discrimination commissioner to find out your rights in relation to discrimination law.
You’re best bet is certainly to stay cool and not engage with him. Keep the tenants in the other building on side – surely they see his irrationality.
If he’s threatened you physically or psychologically then definitely register a complaint with the police. Then if/when he rings them to complain about you he’s flagged as a nuisance.
If a new strata manager is appointed they may be able to explain the situation to the other owners and over ride the previous damage.
Good luck… hope you smash the ba$&@rd
- You must be logged in to reply to this topic.