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  • #7956

    Hi All,

    We have a really functional Committee who are level headed and run our building well, financials have improved as the years go by, but there are politics. Recently some disinterested residents have been rousted by a new Owner who has a personal vendetta against the Committee and has formed a posse consisting of Owners who have been serial bylaw breachers and trouble makers. These residents have now decided to attend  EC Meetings and although we have advised they need permission to speak they pretty much own the meetings with their abuse and complaints which are mostly personal issues, very awkward and uncomfortable for the people that have volunteered their time, saving a lot of money for the building and go above and beyond for these people among others .Clearly they feel they may do a better job and I am sure they will attempt a coup at the next AGM. We are now aware of their behavior and will set some boundaries for the next meeting but any advise on how to reign the dissidents in would be greatly appreciated. We would of course love for them to not attend our meetings as the meetings are now so much longer answering the numerous questions they pose and the constant badgering but I am also aware the act advises any Owner may attend. Help? Confused*

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  • #14886
    struggler
    Flatchatter

      We have a serial by law breacher in our complex.  At an AGM this owner nominated self for the EC. As the EC had engaged a lawyer to get this owner to comply with by laws all members felt it was inappropriate for this owner to be on the committee.  Were told that unless other owners were in agreement with EC then this person had every right to be on committee. The EC received no support from other owners in denying this owner a spot on the committee.  No surprise as owners gave no support to EC at all for anything.

      This owner continued to breach by laws and in one instance agreed to issue a notice to comply to an owner, whilst breaching the same by law himself.  This owner continues to cause trouble.  This owner is the reason I am no longer on the committee as the time taken up by this one owner together with the lack of support from other owners  (infact only complaints from other owners about “picking” on this one owner) is far more than I am willing to give.  This owner still to this day breaches by laws and submits “bills” for works he has taken upon himself to carry out for the OC to pay for!  

      Will probably nominate self for EC this year.  As no one else is interested, will probably be the only one.  Thankfully I am unable to attend AGM this year!  Will be glad not to see the debacle.

      I believe that members of the EC should be people of good standing who do not have a history of breaches of by laws.  If a member of the EC is found to be in breach of a by law they should be made to step down.

      #14888
      Whale
      Flatchatter

        Hi “Considerate” – All you can do it to abide absolutely by the Provisions of the SCMA by:

        1. Only giving the minimum 72 hours notice before the Meeting
        2. Having a very “tight” Agenda, because only those Items may be discussed at the Meeting
        3. Ensuring that the wording of all Items is very prescriptive, so that discussions are better focused
        4. Have the Chair limit the scope of any comments from the floor to align with the (prescriptive) scope of the Item/s under discussion, OR as a last resort decline to accept such comments altogether
        5. Omit any out-of-order discussions from the Minutes, as people such as your “trouble-makers” often derive gratification from reading their own names / comment in the Minutes; so deny them that. 

        As much as I personally detest the approach that I've suggested, it's likely that your trouble-makers will detest it also and abandon their coup.

        #14889
        Anonymous

          I think the key to sorting Considerate Band Fair’s (CBF’s) hassles might be really accurate recording of minutes, even actually audio RECORDING the meetings if that’'s possible, and legal, which I believe it is.

          Do you have a Strata Manager, CBF? If so, maybe you should have the meetings at their premises for a while with the Strata Manager as Chair, rather than have them yourselves which, granted, saves you money.

          If you’re self-managed, perhaps you could hire a freelance chairman or local solicitor with the skills you need for a meeting or two. Are there such people around?

          (Question for Struggler: Strugs, I hear your last sentence and agree completely, but how can I expose and stymie the EC members where I live as having committed the by-law breaches they have—illegal renos, land grabbing common garden to name but two—without getting very personal?)

          #14899
          Jimmy-T
          Keymaster

            All of the above advice sounds good but I have a sneaking suspicion that somewhere in my dark strata past I have been described as disruptive and aggressive.

            I would consider holding out an olive branch to these people and asking them what they want  – force them to either sit down quietly and discuss issues in a forum where the facts can be presented and explained or reveal themselves to be more interested in spoiling tactics rather than finding solutions.

            Community Justice Centres provide a free mediation service where you can discuss these things on neutral ground.  If they fail to engage, that's more ammunition for when they really start stirring things up.

            You might also adopt a set of standing orders from a book like this which would include rules such as one person can't speak again until everyone who wants to speak has had their say.

            Personally, I would get the chairman to lay down the law at the beginning and say that a) anyone who abuses the privilege of being allowed to speak will probably not be allowed to do so in the future and b) if anyone disrupts the meeting by their bad behaviour it will be adjourned and the reason for the adjournment will be stated in the minutes (notwithstanding Whale's valid observation that infamy may be exactly what they desire).

            As a last resort, I would hold your discussions elsswhwew and only convene the meeting to formally approve the items on the agenda – although that is almost certain to inflame emotions.  But it does mean you could be in and out of the formal meeting withing minutes.  Best of luck.

            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.
            #14922
            considerate and fair
            Flatchatter
            Chat-starter

              Thanks to all for taking the time to advise. Yes we are managed and that step is now in place. Will attempt to put others into action and see how we go!

              Big Cheers Smile 

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