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  • #8216
    Tiaeki
    Flatchatter

      We live in an apartment block of 14 units, 5 owner occupied the rest treated as investment. My wife has been secretary of the Owners Corporation for a number of years. Over the last few months one of the owners has been spreading malicious comments to other owners and tenants about my wife accusing her of tampering with her mail, embezzling the Owner Corporations funds, and stirring up trouble with one group of tenants in particular. These tenants in the past have verbally abused my wife calling her a “c**t, a paedophile, and a f***ing lunatic”., and last year one of them tried to kick our door down. Part of the problem is the behaviour of the vindictive Owner. Apart from seeking police and legal intervention, can anything be done through the Owners Corporation to address this toxic situation? Thanks.

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    • #15763

      Hi Tiaeki

       

      I am still always shocked when I see the depths of incivility that some will descend to.

      Normally I would advocate talking with the owner in question, but this sounds like it has gone well beyond that point. There are three avenues available to you:

      1) You could issue a notice to comply (it comes under the area of not interfering with ‘peaceful enjoyment’ under the model bylaws) against those tenants making the threats, however the level of violence and agression would make me go straight for the second option as well;

       

      2) Get the police involved with the tenants – their behaviour is intolerable and illegal;

       

      3) Try and obtain proof about the malicious owner – then threaten civil action against this libelious and slanderous behaviour

       

      Hopefully that approach will help….of course you have to weigh up the alternative of taking action which can potentially inflame the situation vs doing nothing, but above all, good luck.

      #15768
      Sir Humphrey
      Strataguru

        While talking with the abusive tenants might not be an option, talking to the few resident owners could be worthwhile. Perhaps the approach is to come right out and say you have heard that there are rumours and you wish to deal openly and frankly about them, that you invite owners to talk to you and others on the EC etc. People who might pass on gossip might be a lot more careful if you show you treat suggestions of impropriety very seriously. 

        #15789
        Anonymous

          Too much of this goes on in some strata schemes. No one should live in fear and this type of intimidation is not to be tolerated.

          How about this action plan:

          1) seek support of your fellow EC members (if they are hesitant tell them they may well be next in line) to get advice from a Strata Lawyer and make the applications open to you at the CTTT, which I see have been touched on in other posts.

          2) walk in to your nearest Police station and seek an AVO, most times the Police will issue a provisional AVO or other type of order. It will be helpful if the OC provides a letter confirming the issues/threats you are facing from one or more of the occupants.

          Of course this won’t endear you to the person/s you have the order served on but, hey, they don’t like you already. No seriously, use the tools you have at your disposal and the AVO is a good one, it normally shuts them up and gets them back in the box.

          If you go down this line and they break the order don’t hesitate to get them locked up, it will only happen once unless that are totally brain dead..

          Best of luck.
          Chris Mo’ane

          #15790
          Anonymous

            @IBC said:

            … walk in to your nearest Police station and seek an AVO, most times the Police will issue a provisional AVO or other type of order. It will be helpful if the OC provides a letter confirming the issues/threats you are facing from one or more of the occupants.

             

            IBC, how sure are you of this? I am in a similar situation but much worse in terms of the intimidatory actions of another resident and find the police are reluctant to do what you suggest. Gossip, innuendo, sly bullying and harassment. No witnesses, of course, what do I tell the cops to make them do something? My experience thus far is they won’t act.

            #15791
            Jimmy-T
            Keymaster

              I reckon it depends on the Police Station, the officer encountered and the way you present yourself.  There is a discussion going on suggesting that too many complaints for Apprehended Personal Violence Orders for ‘trivial’ matters that could be resolved in other ways (like mediation) dilutes the effectiveness of APVOs for serious cases.  Despite a ‘lack of empirical evidence’ one way or the other, magistrates have been given greater discretion about whether or not to issue these orders.  You can read a Law Reform Commission report on this HERE.

              However, in this case, there has been a physical assault (albeit on a door) and verbal abuse (which is a form of assault) and threats have either been issued or implied. That goes way beyond matters that can be easily remedied by mediation.

              And I think Chris is right to say that first of all you need to get the EC onside.  Firstly, the community needs to tell these miscreants that their behaviour is unacceptable.  But more than that, the EC’s support is also necessary to strengthen the harrassed owner’s case if it does come to court. 

              This is classic bullying and the bad neighbours need to know their victims are not alone. A little bit of solidarity goes a long way – and that’s before you even get to Notices to Comply and AVOs.

              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.
              #15839
              Frank
              Flatchatter

                hello from another long term EC member – hmmm – in any complex there is typically one toxic psychopath Yell who enjoys making life hell for others – the question is – is it you, or someone else ? Confused

                a lot depends on whether the malicious owner lives in your complex or elsewhere, and whether you think they are more likely a psychopath or just a meddlesome worrier with too much time on their hands.

                tampering with mail – is a federal offence – I’d address that – ask them directly why they think you were, and clarify any misunderstanding – presumably as secretary you have to receive mail addressed to the Owners Corporation and may have a separate letterbox for that?

                embezzling funds – again a serious offence – same question – all meeting agendas/minutes/decisions/accounts/receipts should be on record for perusal on payment of the standard strata search fee (like $20?) – do not spend time on general accusations – ask them to specify their concern – put up or shut up.

                EC should present a unified front – discuss the problem at an EC meeting – put a note on the record discussing the concerns and the resulting decision – on public record for the other owners to see now and in future to dissuade this person from wanting to stir up trouble again.

                tenants kicking your door – call the police over the threats – get a police report – send one warning to the agent/owner – next incident – eviction – required due to continuing breach of standard by-law 1 – ‘must not make noise at any time … likely to disturb peaceful enjoyment of another resident’ – kicking your door and calling you a c##t certainly falls into that category – see p.38 (and Notice to Comply on p.41) of

                https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf

                step back from the emotion – and consider how things look to a disinterested owner – plan things from that perspective – put everything on record so happy days can return – good luck ! Cool

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