chairman and conflict of interest

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  • 04/05/2016 at 12:01 pm #10438
    oldandtired
    Flatchatter

      The chairman of our building has verbally abused my husband while my husband was mowing the lawn.  I wrote to the executive committee and they were going to table my correspondence at the next meeting.  They have had an AGM and an executive meeting since then.  I am going to have my correspondence read out at an executive meeting next week but it will be chaired by the chairman that verbally abused my husband.  Should there be a proxy chairman for this correspondence as this would have to be a conflict of interest.

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    • 04/05/2016 at 2:03 pm #24864
      Jimmy-T
      Keymaster

        Normally correspondence would be dealt with by the secretary – or is the chairman in a dual role?

        Otherwise, why don’t you ask if you can address the meeting yourself?

        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.
        04/05/2016 at 6:27 pm #24865
        King
        Flatchatter

          Dear ‘oldandtired’,

          If the meeting is only having your letter ‘read’ then there is no need for the Chair to be altered. If a vote on a related motion is to occur then the Chair would have to abstain from voting but can still function in administering the meeting.

          Abuse is never reasonable but you don’t say what led to the altercation. It is difficult to say if your husband contributed to the difficulty (eg: Mowing at 7am on Sunday – I think I could overreact to something like this in the spur of the moment).

           

          We all make mistakes in personal dealings. Unless there is a pattern of abusive behaviour by the Chair, I recommend you forgive and forget. It is likely that the Chair has a wide support base to have that role. You will have to live side by side so why place yourself at the centre of a unhappy situation and risk the ire of other occupants?

          Best regards.

          04/05/2016 at 8:36 pm #24869
          oldandtired
          Flatchatter
          Chat-starter

            @JimmyT said:
            Normally correspondence would be dealt with by the secretary – or is the chairman in a dual role?

            Otherwise, why don’t you ask if you can address the meeting yourself?

            I have been told that the committee will read the correspondence then discuss it and we do not get to speak unless asked and I doubt that the chairman in question would be asking me to speak.  It will be hard to address the meeting as he starts to yell and being chairman I have to shut up so end of discussion.  Would be better for me to have a proxy chairman.

            05/05/2016 at 4:38 pm #24873
            oldandtired
            Flatchatter
            Chat-starter

              @King said:
              Dear ‘oldandtired’,

              If the meeting is only having your letter ‘read’ then there is no need for the Chair to be altered. If a vote on a related motion is to occur then the Chair would have to abstain from voting but can still function in administering the meeting.

              Abuse is never reasonable but you don’t say what led to the altercation. It is difficult to say if your husband contributed to the difficulty (eg: Mowing at 7am on Sunday – I think I could overreact to something like this in the spur of the moment).

               

              We all make mistakes in personal dealings. Unless there is a pattern of abusive behaviour by the Chair, I recommend you forgive and forget. It is likely that the Chair has a wide support base to have that role. You will have to live side by side so why place yourself at the centre of a unhappy situation and risk the ire of other occupants?

              Best regards.

              The chairman in question is often verbally abusive.  The last chairman lasted 2 years and was verbally abusive as well seems to be a trend going on.

              Thank you for your help, much appreciated.

              05/05/2016 at 5:47 pm #24874
              Jimmy-T
              Keymaster

                Maybe you need to put a motion to the committee that Office-bearers should endeavour at all times to be polite in their dealings with owners and refrain from verbal abuse. 

                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.
                05/05/2016 at 6:28 pm #24875
                scotlandx
                Strataguru

                  The irony is that if the Chair is verbally abusive at the meeting, it only goes to provide support for the original complaint.

                  06/02/2018 at 1:24 am #29158
                  oldandtired
                  Flatchatter
                  Chat-starter

                    My husband did forgive the abusive chairman even though the chairman used 12 proxies to vote him off the strata committee, then 5 months later the chairman’s wife verbally abused my husband with committee members watching.  Again my husband tried to forget about it, then on Christmas day 2016 the wife abused both of us separately as we were trying to use main foyer to leave the building.  Cameras and other owners on this occasion.  We engaged a lawyer to send a letter to the SC as both times we were on common property, our SC ignored our lawyers letter so we let it go again.  Then December, 2017 the wife abused my husband and we have sent another letter from our lawyer to the Strata Committee.  Question should we go to the NCAT …? 

                    06/02/2018 at 12:02 pm #27555
                    Jimmy-T
                    Keymaster

                      If you have evidence of unfair, unreasonable or abusive behaviour, you can go to NCAT and seek orders that the offending person be removed from their role on the committee or, indeed, from the committee altogether.  The first step is to apply for obligatory mediation (which is free).

                      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.
                      28/07/2018 at 11:33 am #30087
                      oldandtired
                      Flatchatter
                      Chat-starter

                        Our strata committee again ignored our correspondence from our lawyer, the chairman resigned in March, and mid May another committee members wife verbally abused my husband then wrote a letter and a list of lies claiming that she was the victim.  The verbal abuse was also on common property and the committee did not ask my husband for any evidence and made a resolution.  All would have gone well for her except that my husband had his phone on record.

                        Other owners have been verbally abused or received abusive letters and some will come forward as witnesses.

                        We have been to mediation and the two committee members that were present that day only wanted to deal with the last abuse.

                        After two years, four months and over $4,000, we are now proceeding onto NCAT. and hopefully the strata committee will be told that they cannot ignore abused owners.

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