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Topic
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We know all about school bullies, workplace bullies and cyberbullies, but what about StrataBullies making residents’ lives miserable in apartments blocks.
They could be rogue owners determined to have their way, despite what the by-laws say. Or, in a nightmare scenario, they could have bullied their way on to the strata committee, belittling anyone and everyone who disagrees with them.
There are links to several anti-bullying
websites at the end of this postSo what exactly is bullying? NSW Education says it’s “repeated verbal, physical, social or psychological behaviour that is harmful and involves the misuse of power by an individual or group towards one or more persons.”
The Safe Work Australia definition includes abusive, insulting or offensive language or comments, unjustified criticism or complaints and malicious gossip. Sound familiar?
But what can you do about it? One Flatchatter complained to their strata manager about bullying by a committee member and was told it was a personal issue between residents. Ironically, the strata management company’s website said the owners corp had a duty of care over bullying.
While strata law doesn’t specifically forbid bullying, there are powers there to curb it – provided your committee isn’t completely cowed.
For instance, the strata Act says residents must not behave on common property, where bullying is most likely to occur, in a way that interferes unreasonably with its use or enjoyment by the occupier of any other lot.
And most schemes have variations of bylaws forbidding residents from causing offence or embarrassment on common property.
But what happens when you complain and your committee does nothing? Its members may not like what is being done to you, but they are glad it’s not happening to them.
You can propose a motion that it warns Mr X about his behaviour. Hopefully being thus ‘outed’ on the record will make the bully behave. If the committee won’t even put motion on the agenda, you can pursue them through the Tribunal.
The committee may cite fears of being sued for defamation – a common reason for inaction. They have to be careful but qualified privilege applies to official correspondence among strata owners, provided it’s in good faith, there’s no malicious intent and it was for the better running of the scheme.
If none of that works, you can apply to your local court for an apprehended personal violence order (APVO) which can cover things like verbal abuse, intimidation and harassment.
There’s a lot more on this here on the forum
And you might find helpful advice on the these websites:
Australian Human Rights Commission; What is bullying?
Stop Bullying (USA government)
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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Replies
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Jimmy,
Our Strata plan owners’ corporation has been hijacked by perhaps not bullies but by passive aggressive equivalents.
For a strata plan that has historically just got on and “done it” is now being blocked by a number of committee members that are solely interested in protecting their individual financial positions to the detriment of property values of all.
Critical painting, lighting, concrete-spalling, subsidence, drainage and other items are constantly being pushed back for further quotes.
Meanwhile, non-financial owners are forcing their way onto the committee through friendly nomination by absentee owner and in conjunction with key agitator is working to block all necessary work items including lots where flooring cannot be replaced due to concrete spalling (cancer) given the unlevel nature of the floor which no company will touch.Sadly some owners cannot see past their own self interests and unfortunately it looks as if this will find us owners with an interest in improving and maintaining our property needing to ask the tribunal to issue a ruling to have the works progress.
None of us are sitting on a gold mine but where your home is falling apart, most would not sit by and let it happen but bite the bullet and chip in for the works to be done. After all, no one is going to get a good sale price on a dilapidated property.
JY
Re: The comment of “If the committee won’t even put motion on the agenda, you can pursue them through the Tribunal”
In NSW there is nothing in the Act that provides for an owner to request any items be put onto a committee meeting agenda. Ironically the NSW Act is written this way to prevent harassment and bullying of committee members by a disgruntled owner. In NSW the committee may reasonably and legally ignore this type of request.
However and owner has a right to request that an item is included on the next general meeting agenda. The Act explicitly provides for this type of request and if the secretary refuses to comply then that is solid ground for an application to the Tribunal.
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