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  • #10781
    CatherineB
    Flatchatter

      Hello 🙂

      Ill try and give a concise as possible outline of events.

      I bought my first strata property Oct 13.  Over a few months i got to know the people in my complex and one of them was the chairman of the EC.  Frightening person, shocking bully, possible clinical problems.  I clashed with her and then strangely she wanted to be my best friend. i kept her at arms length.  next AGM i joined the EC.  i was voted in as chairman.  She continued to try manipulating me but i implemented changes in how we operated (all voted upon correctly by members) and when she had her “turns” i challenged and pushed back.

      her behaviour became so bad (sexual harrasment via email, targeting of other owners not connected to the committee but personal friends of mine, public and derogatory speculation on my sexuality, and disclosure of embarrassing personal details of people’s lives to which she had become party, destruction of property of EC members that also stood up to her) that i soon had a council who refused to meet until she was off the EC.  at the next AGM i then used my perogative to have the proxies without instruction left with the strata manager to get her voted off.  it was stressful.

      since then its been constant complaints, deluges of mail to the strata manager demanding i be unseated, accusations of wrongdoing, legal threats, accusations of sleeping with our groundsman, the list is endless.  she became unemployed at the time (mostly due to heavy drinking and personality clashes at work) and so had lots of time to spend on it.  I intervened in a bully incident with the groundsman where she was following, filming and screaming at him.

      before the last agm a couple weeks ago, her husband and another resident who had previously assaulted me when i refused to listen to his endless complaints whilst i was covering the gardener’s sick leave and against who i have had to obtain an RO, and NEITHER OF WHOM ARE ACTUALLY OWNERS, issued a letter to all managing agents listed on the strata roll and into the letterboxes of all resident owners, accusing me of misappropriation of funds, assault against the guy that assaulted me (i had not touched him: i told him to get away from me and left the scene immediately), and that i habitually lied to owners about my paid employment.  (we have had some big disposal projects that were forecast to cost about 5k so i completed the work myself and drew a small wage for it, all put before and passed by the committee as is correct, resulting in a saving of 3900 which we are putting to a painting job of common property in 2017.  they asked that all owners proxy their votes to them, so they could get back on teh committee and that the ex chairman (now a freelance gardener) could be charged with grounds upkeep.  in fairness the grounds have suffered through our fence replacements and works in our carpark.  I realise, in hindsight, that this could be seen as dodgy.  The intent certainly wasn’t: it was simply to save bucks so we could do some other stuff.  I worked and billed as an owner and not as a company. don’t know if that makes any difference.

      overall, i have worked my ass off to keep the value of our units afloat in a horrible market including some very heavy manual labour.  the strata manager refused to disclose my wages to the resident who hit me as he is not an owner and nor is the husband of the ex-chairman.

      i feel justified in suing for defamation but the committee feel that it would lend weight to an obviously ridiculous publication.  however the level of malice worries me (in our EC, the job of chairman is usually referred to as “the moving target for xxxx”) and i think the only way to discourage it in future is to take a strong approach.  is this ill-advised? i am a self employed person in a trade which takes me into peoples homes and this could impact on my ability to have the local client base trust me, depending on how far the rumours reach.

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    • #25926
      Lady Penelope
      Strataguru

        CatherineB – Unfortunately things can become very heated in strata schemes. Your situation and the situation of your EC appears to be extremely complex.

        On the information that you have provided it is difficult to ascertain whether this is a Strata matter or a personal matter, or perhaps a mix of both. Only you and your committee can properly judge that.

        If it is a Strata matter then the new legislation states that face to face mediation needs to be attempted by the Strata Committee before involving NCAT. This is called Internal Dispute Resolution.

        I would speak to someone from NCAT about the best way to go about this. NCAT contact details are here: 

        https://www.ncat.nsw.gov.au/Pages/cc/ccd_contact_us.aspx

        One option may be a meeting between yourself, the committee, and the individual concerned, and perhaps the strata manager to act as note taker if this is warranted …. but NCAT should be able to advise you what is best in your situation.

        Part 12: Disputes and Tribunal Powers – sections 216 to 248 are the relevant sections of the new Act. See here:

        https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/#p12

        The assistance given on this site is generally only applicable to strata matters. If the matter is a personal matter then you may need to seek other legal avenues to address your problems. Defamation law can be very complicated and expensive so it is best to seek legal advice if you want to take this person to court.

        The Defamation Act is here: 

        https://www.austlii.edu.au/au/legis/nsw/consol_act/da200599/

        In the meantime I would avoid being alone with the person and try and have another committee member with you at all times when having any dealings with the person.

        #25932
        Jimmy-T
        Keymaster

          I think you have to separate this from all the strata aspects and treat it the same as if you were neighbours in adjoining houses.

          Strata law neither allows this kind of behaviour nor protects you from it.  This is a civil (and possibly criminal) matter. So, the first thing may be to talk to a lawyer to examine your options.

          Generally speaking, efamation is expensive and very difficult to prove.  More important is the intent behind the statements and that is clearly to make your life difficult.

          Verbal abuse is a form of assault so the first thing may be to take an apprehended violence (personal) order against this person telling them stop stop abusing you directly or indirectly through what they say or write to other people.

          Then you might consider writing to all the owners in the building telling them that you have been subjected to unwarranted and unacceptable verbal and written assaults and entirely baseless accusations by one person (without naming them) and asking them to retain the letters as evidence for any future legal action.

          And talk to the police.  They are used to assault perpetrators claiming they were the ones assaulted.  It comes down to “he said, she said” but they are not naive in this regard.

          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.
          #25938

          I have unsuccessfully attempted to sue for defamation and also to get an Apprehended Personal Violence Order in a strata situation and would counsel anyone against doing either.

          The only APVO that has any chance of working is if you convince the police to do one and even then, they usually don’t completely work. Police are only interested if there is ‘violence’ and sometimes ‘the threat of violence’. You’ll need witnesses and / or damning evidence physical which is really only conclusive video or written threats.

          As for defamation, as a barrister said to me, “defamation is for millionaires and media personalities”.

          You will waste a lot of time and money and get nowhere I’m sad to say. You will have many sleepless nights and get unhealthy.

          However, keep any correspondence or recordings, video or audio, voicemails, anonymous notes… everything. You may need to be able to prove something “On the balance pf probability” not necessarily “Beyond reasonable doubt”.

          Your neighbour almost certainly has an Anti-Social Personality Disorder. Get the book “The Sociopath Next Door: the ruthless versus the rest of us” by Martha Stout PhD out of the library. You’ll learn what makes your neighbour tick. The only things she probably fears are being exposed and losing control. The best revenge is to ignore them and ‘live well’.

          #25957
          CatherineB
          Flatchatter
          Chat-starter

            Thanks for all the advice!

            I should have specified, I am in WA.

            Also, I sought an MRO (misconduct restraining order) again the assaulter, who is also I suspect clinically ill and an associate of the ex chairman.  In court it never went to trial as he promised to stay away from me and not interact with me.  The magistrate was quite clear with him that he believed him to be guilty, and that if he breached the undertaking enough to cause me to return to court that he would ensure that a full RO was granted with not too much ado, so I don’t think the guy will breach: hes training to be a doctor, even a civil misdemeanour isn’t worth it for him on record.

            After I intervened in the bullying of the gardener (for whom I supervised) and which comprised a verbal debate only and did not involve any physical contact at all, but it would be safe to say she came off worse, she got a Violence restraining order against me and so we went to court where it was dismissed.  Scalding bit of rebuke against her from the magistrate too, cant say it wasn’t vindicating to see.

            so those issues are resolved legally. I had not physical been in her presence for six months previous to the issues and other than the incident with the gardener, since.  The court banned any email contact from either of these people.  problem solved.

            however the defamation is the thing.  I had done some research and I know its not to be undertaken lightly.  the motives are clear: she wants the gardening contract for herself (she is now a freelance gardener) and it was clearly stated in the letter.

            all in all its a complex and toxic situation.  I would love to step off the council, having driven through 3 big ticket projects, through sheer effort of will (they had been outstanding for five years) but our strata managers say that if she regains a seat on the EC then they will give notice.  its a big thing as the previous strata managers, whom we have spoken to, are taking the same tack.  so its not great, eh? 

            anyway, yes I do live well and am grateful to do so.  I just needed a vent.  im not totally discounting the possibility of an action as its a black and white case (they were very silly to write this stuff down and sign it), but I am aware of the emotional cost.

            #25958
            CatherineB
            Flatchatter
            Chat-starter

              and all evidence…videos etc is saved safely 🙂

              including two of me being harassed by the guy in the grounds that he doesn’t actually know I had my phone filming. 

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