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  • #7787

    Is it usual for all EC communiations, including voting, to be carried out via email?

     

    We have a 9 person EC, and all communication is done via email. The strata manager rarely gets involved, and issues get personal and confusing, as issues are raised and then attempted to get resolved via email.

     

    There is a member of our EC who has taken objection to me, and uses emails to me, cc'd to the EC as a means of airing his grievances.

     

    This doesn't seem right. Shouldnt concerns in relation to unit owners be sent to the strata manager who would then decide on how to respond?

Viewing 9 replies - 1 through 9 (of 9 total)
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  • #14246
    Jimmy-T
    Keymaster

      gslatts said:

      Is it usual for all EC communiations, including voting, to be carried out via email?

      This is a common enough way of getting day-to-day decisions made but every so often you need to have an EC meeting to formally approve and minute all decisions (if for no other reason than owners can't attend an email round robin).

      Shouldn't concerns in relation to unit owners be sent to the strata manager who would then decide on how to respond?

      This is really not the strata manager's job.  They are there to facilitate the running of the building – collect levies, pay bills and advise on procedure – not manage it or owners.

      If someone is making unfair or defamatory comments about you in an email group, they can sued for defamation (even if the comments are true).  And the good thing about emails is that you have written evidence of what they are saying.  But suing a neighbour for defamation is a bit sad, really (and bloody expensive).

      It may be better to establish a protocol for your email group that prevents personal attacks, bullying and other abuses. Then the defamer can be pulled up by others in the group whenever they cross the line.

      Your EC insurance probably doesn't cover someone who is defaming other owners by email so all concerned need to calm down a bit and think about how the recipients are going to feel before they hit the “send” button.

      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.
      #14248
      Frustrated Strata Dweller
      Flatchatter
      Chat-starter

        So frustrating to be harassed in a public forum with no one to police it. Thanks

        #14257
        Anonymous

          'gslatts' and Jimmy, there are nine EC members; bar emergencies, surely doing things properly with a legitimate quorum at a properly convened but relaxed and informal EC meeting would solve the problem in a better way.

          Executive Committee business being conducted by email and decisions being made, including some very important ones probably, mean nothing will be on file with the Strata Manager. It's all very well to have the best intentions of ratifying decisions at meetings but in practise I bet that would seldom happens. And doing this retrospectively is probably wrong.

          'gslatts', what could you have possibly done to earn this EC member's ire?

          #14260
          Jimmy-T
          Keymaster

            Urban Spaceman said:

            'gslatts' and Jimmy, there are nine EC members; bar emergencies, surely doing things properly with a legitimate quorum at a properly convened but relaxed and informal EC meeting would solve the problem in a better way.

            There aren't always nine EC members and even when there are, they're not always active.  Sometimes there are small ECs running big buildings and vice versa – committees of nine in buildings with only a dozen units.

            Executive Committee business being conducted by email and decisions being made, including some very important ones probably, mean nothing will be on file with the Strata Manager.

            The ECs I know who communicate by email include the strata manager in the round robin – and if they don't they should.

            Decisions aren't truly made until they are ratified at an EC meeting or an AGM.  Any EC that makes major decision, especially involving spending large sums of money, without holding an open EC meeting is asking for trouble. However, a minor decision – like, say, paying a tradesman to fix a door closure, shouldn't have to wait weeks for an open EC meeting.

            It's all very well to have the best intentions of ratifying decisions at meetings but in practise I bet that would seldom happens. And doing this retrospectively is probably wrong.

            All EC decisions have an element of retrospection  about them since the EC is subject to the will of the Owners Corporation which usually meets only once a year. In a large building a monthly meeting to ratify minor decisions and debate major ones is a good compromise.  That way you don't spend all meeting explaining to someone who doesn't understand, for instance, that the aforementioned door closure is common property  a an essial part of your fire safety measures.

            Don't forget that the AGM can suggest who gets to read the ECs emails and how often meetings should be held.  There are safeguards and at least there is a digital paper trail in email meetings which has to be an improvement of the rumour and gossip methods of days gone by.

            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.
            #14264
            struggler
            Flatchatter

              When I was on our EC we did most of our correspondence via email between committee members.  If we did not we would have not achieved anything.  Most of the committee members worked full time.  At least with an email, they can perhaps answer whilst at work if not at home.  Only with the really big decisions did we have a meeting if only so that we could get everyones input/ideas/suggestions on the matter.  Sometimes what seems like a good idea/decision may not be when someone points out the negatives in it and you can't have those discussions via email.

              However the EC did not correspondence directly with residents via email.  We encouraged residents to send emails to the SM to be forwarded or copy sent to EC.  And the EC did the same, sent emails to residents via SM.  In that way, there was a recorded copy on file of any discussions/problem/issues.   It worked well.  If we had to have a meeting for every decision in the place, it would have taken months for each and every matter.

              #14266
              Anonymous

                In theory, everything Jimmy and Struggler say here is pretty right I suppose. In reality, however, strata managers don't 'file' every email of every decision (again, some of which would be very important). ECs are all-too-often stacked with self-interested owners wanting to get their own way, for their own ends and who aren't too keen on probity, governance or a record of the decisions being on file. Who's going to chase a paper trail. Who's going to bother going to the OFT or the CTTT? (Especially if they read Flat Chat.)

                These days, Jimmy, you seem to be living in some sort of strata Utopia; probably the same one as Struggler. 'Rumour and gossip methods' are alive and well; as is tactical marginalization of anyone who gets in the way and the big Strata Managers who think they know which side their bread is buttered on help with this.

                #14267
                Jimmy-T
                Keymaster

                  Urban Spaceman said:

                  These days, Jimmy, you seem to be living in some sort of strata Utopia; probably the same one as Struggler.

                  I don’t think there can be anybody (even Struggler) who is more aware of the problems living in Strata than I am .  I’m the one who gets all the emails and reads all the postings and have been doing so for the past seven years.

                  Here’s a few points for you to consider …

                  If you have problems with your neighbours in a house – noise, abuse and all the other elements of antisocial behaviour, you are on your own.

                  If anyone’s strata is that bad they can always move out.  There are plenty of buildings that run smoothly … or they can get a house.

                  The issues you are concerned about aren’t strata problems, they are people problems and the strata industry is maturing to the point where the bad apples are gradually being rooted out and a level of professionalism is taking over.  But this is not going to happen overnight.

                  I too have seen the gossip mongers flourish and manipulate Executive Committees.  I have seen nutters come and go (and been accused of being one myself).  I’ve seen by-laws flouted and individuals targetted by mean-spirited and selfish owners.

                  I have encountered corrupt ECs in my own building and helped to clear them out.  I have run campaigns to counter damaging cost-cutting by people who’d bought the best apartments in the building at bargain prices and then tried to reduce services to the bare bone so they didn’t have to pay very reasonable levies.

                  I’ve even been instrumental in getting the law changed so that developers couldn’t demand proxy votes as a condition of their contracts of sale. So please don’t tell me I have anything but a very clear view of the potential pitfalls of strata living.

                  I’ve been there, my friend, and done it.  And along the way, in this job, I think I’ve heard every horror story there is.

                  But I’m also very pragmatic. Australia is still getting used to a way of life that has been evolving in Europe since Roman times.  Even so, most people try to do the right thing most of the time.

                  But I’ve just started revising my Apartment Living book and I was shocked at how angry I was, ten years ago when it was written.

                  Maybe strata living has calmed down in the last decade or maybe I have – probably a bit of both. No system is perfect – you just have to make the best of what you’ve got and I still wouldn’t live any other way.

                  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.
                  #14270
                  Gilgal1
                  Flatchatter

                    I agree with JimmyT – I've never noticed him 'living in some sort of strata Utopia'. Instead I see a practical attitude that and – in this forum – a chance to share experiences so we can come up with solutions.

                    To me, strata living is as much about politics as the rest of life… I'm talking about politics with a small 'p', as in the interactions between people. In real life. We have real problems to solve – and just like in free standing houses, sometimes there are poor neighbourhood relations and unsympathetic landlords. And there are also strata managers and building managers who keep crap records – just like many other businesses, in my experience.

                    Back to the topic: I agree with struggler – if our EC didn't make decisions by email, then nothing much would happen. We also have meetings, where we usually endorse those email decisions.

                    I live in a unit complex which had become dysfunctional over many years. Our old (now sacked) strata manager was not the best with modern communication techniques, including email. In fact, they had minimal communication skills. Their record keeping and work performance sucked, despite their old fashioned office techniques.

                    It took for unit owners – some of whom contributed little before – to band together to make a change. We basically had a revolution. Our new situation is not perfect, but it is improving.

                    Our EC tries to foster a pleasant living environment and is not stacked with time servers or self-interested people. We communicate directly with residents, but mainly by regularly updating our noticeboards and NEVER posting up whinging notices. We remind people to contact the strata manager directly for their maintenance concerns and to contribute ideas via the secretary's letter box.

                    As secretary, I contact individual owners about resolving problems and email/mail unit owners our EC minutes (also displayed on noticeboards). If I ever saw bullying or defamatory emails going round, I'd intervene immediately – fortunately it's not happened to us.

                    Mind you, we did have a surprising experience after complaining to our old strata managers about the poor job they were doing: the company's owner sent stream of consciousness emails that made little sense, topping them off with his great PR effort of emailing crude images and pornography to a male EC member. If there were ever any doubts about the cost and difficulty of changing, his actions just made us accelerate the process of dismissal.

                    #14275
                    Anonymous

                      Well Gilgal1, Jimmy, Struggler, nobody really knows who our Executive Committee are here (except for me because I am what Jimmy might call a ‘sady or a mady’ in his new pragmatic persona). They don’t have meetings, they do everything by email, so others don’t know what’s going on. They don’t put things on the noticeboard. They don’t maintain the common property. The treasurer’s noisy renos (with supposed concrete spalling repairs paid for by the OC) commenced at 7am one day with no warning to others, following ion from his illegal renovation to his balcony door – he pleaded ignorance and a retrospective by-law at the next GM will ratify his illegal reno. The Secretary has paved a section of common property outside his unit with no permission. Three quarters of the EC are passengers; they don’t even realise they are supposed to do anything. Every resident who has a problem is told to email the rude Strata Manager, ‘Fob Off Fred’. It took 8 months and many communications to have a fallen eave repaired. The roof was infested with pigeons. 

                      There are many other problems. The carpets need cleaning, the trees need lopping… I could go on. Did I mention there’s a phalanx of proxies controlling things and marginalisation of anyone rocking the boat?

                      What do you suggest? The OFT? The CTTT? No thanks, too time consuming, potentially costly and no guarantees of ‘the correct decision’ being arrived at. Oh yes, organise a coup at the next AGM? You’d be a marked man if you weren’t already.

                      Oh yes… everything is peaches and cream here in strata land, guys.

                      Jimmy, maintain the rage. Don’t soften up your book. Make it angrier.

                      PS Our finances are healthy. No problems paying for the Treasurers… err… concrete spalling repairs. I understand it’s unusual having… err… concrete spalling problems on out top floor, where he lives.

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