- This topic has 2 replies, 3 voices, and was last updated 12 years, 10 months ago by .
-
Topic
-
We have recently had a young couple move into our block who each have
a vehicle. There is one designated space per unit and no visitor car
spaces. From the outset they have attempted to park in two spaces and
have been occupying both their own and and that of a tenant who
has no vehicle. Their conduct has been reported to the executive
committee and the strata manager. However, a member of the executive
committee who recently had a proposal knocked back has seen fit to identify the
person who reported the conduct to the EC, to the offending couple,
leaving them open to possible retaliation. Are there any actions which
can be taken against the leaker on our EC for this breach of
confidentiality?
-
Replies
-
You can hold a general meeting and hope to get the 75 percent of votes required to declare his or her seat vacant. You could pass a motion of censure on the EC member which would be published in the minutes. Or you could just wait till the next AGM and vote them out (by replacing them with a preferred candidate.
Probably easier to offer them the otion of resigning or facing a motion of censure.
All of this is dependent on you having proof that they did this – a false accusation could lead to a nasty and expensive legal action.
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.
If a owner/resident makes a complaint about a matter that the EC can substantiate or knows of themselves then, in this complex, that is where the letter stating that “it has come to the attention of the EC that…..” comes in. The EC would know if someone is parking where they shouldn’t so if an owner says that red car is there every second day surely the members of the EC would also be aware and should take action. And I personally believe that in these circumstances the name of the resident who prompted the EC to take action need not be made public.
- You must be logged in to reply to this topic.