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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?
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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.
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.
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.
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.
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