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A page of our strata manager’s web site headed ‘Dealing With a Bully’ authoritatively declares: “Bullying can occur anywhere that people live or work together. Strata and community living unfortunately can create an ideal situation for a bully to thrive especially if they find their way onto their executive committee.”
“If you’re on an executive committee and someone reports an incidence of bullying to you it must be taken seriously. Bullying creates a risk for the health and safety of the person or group of people it’s affecting. As a committee member you may also be held personally liable if you are aware of certain behaviour but did nothing to address the issue.”
Are they right? Because the problem is, a bully has found their way onto our executive committee and is making one or two other residents life hell. (“Charming on the outside, rotten on the inside” says Martha Stout PhD in her book The Sociopath Next Door.) We’re talking bad stuff, done in the middle of the night, slashed tyres, insulting notices, anonymous emails… police say they can do nothing because although everyone knows who’s responsible, there’s no proof.
Our executive committee and strata manager say there’s nothing they can or need do and contrary to what their web site proudly states, EC members cannot be held ‘personally liable’. “It’s a civil matter to be sorted out by neighbours” the say.
We’re a block of 24 units in Sydney. IS THERE ANYTHING they could or should do, does anyone know please?
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If, as you say, everyone knows who it is and one or two other residents are the target out of 24, then I suggest the first thing is to make an effort to reassure those targeted that they have the understanding and sympathy of all the other residents. There might not be much you can do directly, but you can make it less bad for those targeted.
Perhaps the EC or a general meeting could pointedly pass resolutions of sympathy for the victims and condemnation of the perpetrator ‘whoever that might be’ (being careful to not be at risk of being sued for defamation). A show of solidarity could make the situation feel better and the bully might even decide to quietly and discretely back off from the bad behaviour.
I agree with most of what Peter says above but I would take a slightly different tack.
As I explain in this roundup, comments made to assist the running of an EC have qualified privilege when it comes to defamation. As long as the comments are made in good faith and without malice, you are pretty much covered.
Now, I would only contemplate this if you were 100 percent certain that this person was the culprit, but you can take the fight to them.
Tthis person may think they have put themselves in an untouchable position by getting on to the strata committee, but they’ve also made themselves vulnerable.
It requires a special resolution at a general meeting to remove a member of the committee, but suppose you go to an EC meeting and present a motion that the EC calls an EGM for the sole purpose of asking the owners to remove this person from the committee.
You explain that at the meeting, you will state your case – you plan to accuse this person, in front of other owners, of all these terrible things and he or she will get the chance to defend themselves.
Now, at this point, chummy is either going to resign, promise that they’ll behave in future, or say “bring it on” and threaten to sue.
If the committee declines to follow through, you can force their hand by getting 25 percent of owners to agree to an EGM, something else you state at the committee meeting.
OK, let’s stop there – you have already achieved a lot. You don’t actually have to go through with this. You have exposed the bully and it may even be on the record in the minutes.
Bullies prosper when only their victims know who they are, just as evil prospers when good men and women do nothing.
My guess would be that the risk of exposure would put this person in their place. If not, you still have the opportunity to have them voted off the committee mid-term or at the next AGM.
Bullies will hide behind threats of defamation, that’s for sure. But if you can tell them that there is no defamation in EC or owners corp discussions (almost true), that may put their gas on a peep.
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.
Agree with Jimmy. ‘Knowledge is power’. If you know the correct process by which someone can be removed from the EC and the EC discusses doing so in a calm and dispassionate manner, the guy might mend his ways or resign when he sees he has been called out.
Hi, I’m new to the forum and after some advice on how to stop an owner harassing and bullying me.
It’s a long story, so here goes….I’ve owned my unit for nearly 30 years and had about 25 years without any challenges. A new owner arrived about 5 years ago and wanted to do some significant renovations including to common property ( remove walls, replace balcony doors/windows and awnings…..) and when the OC knocked it back then launched a CTTT process.
I wasn’t aware of this and was asked by a long time owner to get involved after many years of passive ownership (had been secretary’years ago). I was contacted by the new owner on my work mobile phone out of the blue – no idea how the number was acquired.
Went to AGM and got involved in the EC and tried to explain that removing structural common property walls and changing the visual look of one unit from outside wasn’t a good idea and not in the interest of other owners.
Moving on, CTTT provided the owner an order to let the work proceed despite submissions explaining the reasons why the OC thought it was inappropriate. OC sought legal advice at an EGM and as a result decided to appeal the CTTT and sought to resolve it by drafting a bylaw to cover the legal, insurance, council and building practices ie enable the wall and other removals in an orderly manner while protecting the other owners interests.
Multiple hearings at CTTT where the owner delayed and claimed that a bylaw was acceptable but wouldn’t accept it. Resulted in the OC having to seek an order to establish the bylaw ( was passed at an EGM by all except the owner ).
End result was a negotiated acceptance of the bylaw when the owners lawyer managed to explain it was reasonable (lawyers had sorted what they thought was OK). The owner has been complaining about the legal costs (caused by his actions and delays) and has harassed me for the last few years…..also went to NCAT seeking removal of the managing agent and EC (which I am no longer involved with) which was knocked back.
More recently the owner emailed and also called my employer to complain about me and put in FOI request for all my emails. I’m seriously over this character and other than seeking an AVO would like to know is there anything else I can do to stop this behavior. Phew….
@Jeff said:
I’m seriously over this character and other than seeking an AVO would like to know is there anything else I can do to stop this behavior. Phew….I think you may be hamstringing yourself by not seeking an AVO. APVOs (apprehended personal violence orders) cover things like harassment and stalking, both of which seem to have occurred here.
However, one thing you must do if you go down this road is go the whole way. Threatening and then not going through with it just empowers the Bullies.
Another tactic, as described above, would be to present a motion at your EC asking them to write to the owner telling him to cease and desist. This was an Owners Corporation matter so they have to take responsibility for some of the consequences and can’t pass it off as a private dispute.
A calm recounting of events, naming the person, will put their behaviour on the record and may be enough to get them to pull their head in. Remember, ECs have qualified privilege in matters relating to the running of the building so the risk of being sued for defamation is relatively low as long as the action is done in good faith with the absence of malice.
Otherwise, have a look at this website on bullying and this one on how to apply for an AVO.
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.
Hi, the suggestion of a motion put to the AGM sounds like a good idea. Understand that the AVO path is serious and the need to go all the way. Thanks very much for your thoughts and the links – much appreciated.
After reading everything I can get my hands on about bullying including corporate bullying and bullying in the work place, and seeing oft-repeated phrases about the fiduciary duties of Executive Committees, probity, transparency etc. And phoning various organisations… I still can’t discover how an Executive Committee member can be held ‘personally liable’ for not acting on obvious and documented bullying by an Executive Committee member, in fact two acting in cahoots.
Our Strata Manager says, of the paragraph below (which also appears in my original post above), “Oh, that’s just very general advice. Ring Lifeline or Beyond Blue.
“If you’re on an executive committee and someone reports an incidence of bullying to you it must be taken seriously. Bullying creates a risk for the health and safety of the person or group of people it’s affecting. As a committee member you may also be held personally liable if you are aware of certain behaviour but did nothing to address the issue.”
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