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  • #62529
    Flame Tree (Qld)
    Flatchatter

    I recently had cause to take the Committee to the adjudicator over their refusal to provide me a current Owner’s Roll. Based on the Act, our strata manager’s own newsletter telling owners it was our right, and the committee previously sending another owner a roll, it was always likely to be a lay down Misere.

    Anyways, so within a day of conceding they then wrote a missive to all owners suggesting I demanded it, and that ‘The Body Corporate Committee has resisted this based on concerns of individual privacy and potential distribution of misinformation’. There is absolutely no prior record of any such thing ever taking place and I assume they were touchy thinking I would spill the beans as I’ve earlier found out some committee folk were gaining private benefit from others people’s funds.

    They closed out what was essentially a warning letter with ‘Should any Owners have any concerns as to the content of any information distributed to them by X (my name was spelt wrong!), they should directly inform Y at (strata manager) or the Body Corporate Commissioner.’

    I appreciate the need to have broad shoulders in such matters, and do feel I have the support of a number of other owners who in fact bought this email to my attention, but feel this is likely to slight my character in the eyes of owners who do not know me here. As a pretty integrous character I consider this an important issue.

    So, what do others suggest as a way to seek redress on this?

    • This topic was modified 4 months ago by .
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  • #62534
    Jimmy-T
    Keymaster

    Propose a motion for the next committee meeting along these lines:

    In an effort to avoid misunderstandings, the committee apologises for any slight, hurt or imprecation about X’scharacter and/or intentions and that it withdraws and amends any such unintentional imputations.  The committee wishes to clarify that it now accepts that X’s motives for requesting the strata roll was purely so that he could participate more fully in the discussions of issues related to the scheme, which he has every right to do.

    What they do with that will inform your next step.

    #63870
    Flame Tree (Qld)
    Flatchatter
    Chat-starter

    Just heard back that the flying Minute I sent in, which was erroneously but finally dealt with, at a monthly meeting came back saying No to the similar to the above Motion submitted. I’m unsure whether to get a solicitor to prepare a more formal Concerns Notice to further the issue’s resolution, or just shake my head and walk on. My objection remains that these silly people have made me look bad without justification, not so much in the eyes of a number of residents who know what they can be like, but more so those who might read this in future record searches of this complex. Thoughts of others on this mess welcome.

    #63872
    Jimmy-T
    Keymaster

    It has been established by the NSW Court of Appeal that residents of strata schemes are entitled to expect a certain amout of cut and thrust in their communications, in this case overturning a previous $120,000 payout for defamation

    This would not be strict legal precedent in Queensland but it might well be used as a guide.

    Just wait for your next AGM then put forward a motion asking the owners to instruct the committee to issue the apology in the wording you provided. They may not agree but at least then it will be on the record.

     

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