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Thank you to the participants in this discussion, it has been a great help toward answering a similar dilemma at our complex. We have a middle-aged owner who is accompanied by her irascible father at both general and strata committee meetings. The owner is a member of the strata committee but the father is neither an owner nor a resident, nor a proxy holder nor committee member. Both dominate and bully the other owners, with the father lately doing most of the talking. The strata manager conducts the meetings, and defers to the wishes of this pair, with minimal interaction with the other owners.
From the discussion below it is apparent that the Secretary of the owners corporation would be entitled to instruct the strata manager, before the meeting, to inform the owner of correct procedure regarding attendance and speaking at meetings and request her compliance, so that embarrassment could be avoided at the meeting when the strata manager (acting as chair) should be obliged to request that the father leave?
The father does not only interfere at meetings, but also on a day to day basis. He intercepts tradesmen and even consultants (such as engineers) as they get out of their vehicles and then proceeds to tell them what he wants them to do, how to do it etc. He records images and video of their work on his phone. Before they leave they are taken inside his daughter’s unit for a lengthy period of time. In the case of consultants, numerous phone calls are made to them by both the father and daughter, so that when reports are finally issued they recite incorrect information leading to inappropriate recommendations.
Any suggestions for stopping this interference? He is definitely not a kindly person being helpful.
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We have a middle-aged owner who is accompanied by her irascible father at both general and strata committee meetings. The owner is a member of the strata committee but the father is neither an owner nor a resident, nor a proxy holder nor committee member. Both dominate and bully the other owners, with the father lately doing most of the talking.
Someone needs to have a word with the strata manager and the first thing they should be told is that the committee has to vote on whether non-members are allowed to speak at the meeting. That is the law as spelled out in section 13 of Schedule 2 of the Act (and it’s up to you to persuade the other committee members to vote no).
Then you could put a motion to the committee instructing the strata manager to instruct tradespeople that they are only to deal with them (the strata manager) or a nominated member of the committee (the secretary or chair). Tradespeople should be told clearly that taking instructions from any other owners will be a breach of their contract and could see them lose the work.
You might also look at proposing Standing Orders or a Code of Coduct to be adopted as a by-law at your next AGM. You’ll find some thoughts on that HERE.
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.
Another problem is (in my case, see below) that neither have lived in strata before and had no idea there were “rules”, so there is an ongoing explanation for everything. I would never condone anyone but owners attending an AGM or being voted onto the SC.
Print out a copy of Dept. of Fair Trading’s excellent “Strata Living” and give it to them to read – or just send them the link and let them print it.
Then, when they want explanations of bread-and-butter strata concepts and procedures, just reply “Please refer to your booklet” and plough on.
I am assuming that the Chair is running the Scheme by the book!
I hope the person doing the recording let the people know it is an offence to not do this, this is for NSW but I am sure all states are similar.
<span class=”ILfuVd”><span class=”e24Kjd”>In <b>New South Wales</b>, the Surveillance Devices Act 2007 prohibits the recording of audio conversations <b>without</b> the <b>consent</b> of all parties unless it is reasonably necessary for the purpose of protecting the lawful interests of the party who records the conversation.</span></span>
… where the Strata Committee is about to pass a resolution to engage an engineer to do the work in his fee proposal, would it be acceptable for the secretary to instruct the Strata Manager that the secretary and solicitor for the Owners Corporation only will be dealing with the engineer?
Yes, and the strata manager should be instructed to make this condition of the contract. If they engage with any other owners without written approval, the contract could be torn up.
Also including that the father and daughter are to provide access only to the common property, nothing more?
Rather than single out the dynamic duo, send out a reminder to all owners that they are required by Section 122 of the strata Act to permit access to common property for the purposes of inspections of and/or repairs to common property. A maximum penalty of $550 can be imposed for obstructing the owners corporation or its agents from legitimate access.
I am assuming Jimmy T’s suggested motion is a blanket one, covering all engagements of tradespeople going forward.
You can make the motion as broad or far-reaching as you wish. However, it’s better to make it as general as possible, to avoid the miscreants claiming they are being unfairly targetted.
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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