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I was going to tag my comment onto one of the other threads but instead decided to start afresh.
I recently resigned from my executive committee after the stress of our OC being taken to the CTTT by a bewilderingly disgruntled (and probable early stage dementia sufferer) neighbour. I phoned one of the legal firms that visits and comments on this site, and was unable to get onto the subject of my phone call – ME and my fears around my litigious and elderly neighbour, asking as an owner! The call got subsumed by the fact that I currently was the Chair of the committee. Ending the call in tears, I promptly resigned from the EC, for fear of responsibilities that I believe no property owner SHOULD have to take on! Meanwhile, I didn't attend to my own legal queries, and came away believing both the strata system and the legal system are monsters!!
Whilst on the Executive I had phoned my neighbour's lawyers and was repeatedly told I was taking it too personally, yet I truly found that the accusatory letters to the Owners of my block, were unfair. They would only talk to the strata manager, yet the buck stops with the owners. What a bad bad system!
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Molly
You can't account for the emotional and psychological state of others. I occasionally get threatened with legal action (as a journalist and writer) and my response is invariably “bring it on”. They never do (touch wood). Having recently published a true crime book, trust me, it's the ones who don't threaten to sue that I'm worried about.
It's a shame that you've been driven to exclude yourself from the EC but not all strata owners are bad, just as there are many lawyers who are thoroughly decent people.
Strata disputes do get personal and nasty and it's usually the people who do nothing to help who are the first to complain when things go wrong. Strata law is a minefield but the owners who rant and rave the most are often those who either haven't even read the by-laws at all or who sit up all night reading and re-interpreting the Act, bending out of shape to fit their arguments, like fundamentalists in any religion.
However, if an owner is persitently threatening and abusive, there are remedies under civil law – like AVOs – although these days I would always recommend first seeking a mediation (provided free through Community Justice Centres) so that the aggrieved owner gets a chance to vent their frustration and the subject of their abuse can put their case AND explain how badly these attacks are affecting them.
By the way, if the CTTT fulfilled its charter properly, vexatious and frivilous complaints would have costs awarded against them,as the Act allows. Don't hold your breath waiting for that day to dawn.
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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