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One of the fundamental problems with living in strata is the fact that we can’t get away from our neighbours and if they decide to make our lives more difficult, we find it very hard to ignore.
We have two examples this week of people who feel they are being bullied and want to know what they can do about it (links below).
There are things you can do t, but they require determinations and, in some cases, a bit of personal courage. However, it doesn’t help when everyone from your committee chair to the local cops say “this is a private issue – deal with it yourself.”
Having just completed a refresher course on defamation in journalism, I am reminded that strata schemes have what they call ‘qualified privilege’ when it comes to discussions and the distribution of minutes..
That means, in the interest of allowing for the frank and free discussion required for proper running of a strata scheme, you can name people in your unit block who are causing problems, provided the purpose isn’t just to shame them.
That sounds a bit daft, I know, but the key element is malice or, hopefully, the lack thereof.
If you say in your minutes that there was a discussion at a meeting and it was decided to write to the resident of Lot 275 because we have reason to believe he has been putting nasty notes in people’s letter boxes and we want him to stop – that’s probably OK if that information has only gone to other owners.
But if you put posters up saying Joe Blow is a bully and a sneak and people should stop speaking to him, that has a whiff of malice about it, and there goes your qualified privilege and Joe can take the committee to court seeking damages.
Obviously, if you were considering either of these option, you should talk to your strata manager or lawyer first. But what you can’t do is do nothing. You’ll find suggestions of what you can do in the Forum answers linked below.
JimmyT
- What do you do when an owner claims they are the caretaker (they’re not) and then arbitrarily cancels an AGM (they’re not even on the committee)? That’s here.
- Another strata bully has got himself on to the executive committee and is now running a campaign against two other committee members – slashing tyres and sending nasty anonymous emails. That’s here.
- What should an owner do when a problem tree is damaging drains, she is prepared to pay for its removal but the strata manager says leave it till it does more damage? That’s here.
- Can an owner who’s behind on their levies be elected to the executive committee? That’s here.
- There’ s a $3 million bill for repairs: can some owners pay their share up front (avoiding interest on a loan) while others take a strata loan that the up-front payers don’t have to pay back through the levies? That’s here.
- Is the EC allowed to censor the noticeboard by removing notices that they object to? That’s here.
- The strata manager tells the EC that they can elect who they want but they don’t have any decision making powers because they have delegated them to him. What’s going on? That’s 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.
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Bullying by executive committees and strata managers falls through the cracks. Strata managers know this and enable executive committee bullies because they think they know which side their bread is buttered on.
Bullying in strata is not covered by any of the Human Rights Commission’s succinctly defined categories. I have researched this and spoken to them. (It’s not racism or sexism or corporate, institutionalised bullying etc. etc. etc.)
Lawyers are expensive (got an hour to wait on the phone for free legal aid?). Defamation is for celebrities and media organisations. Bullies’ work is often done in the middle of the night. Police won’t help; they will only act if there’s physical violence or the threat of it.
Bullying in strata goes on with impunity.
Dolphi.dolphin
Moi, To date, 32 serious threats of litigation – the latest two being some 2-3 months ago…solicitor letters from short-term letting operator/EC Chairman plus Treasure…plus anonymous telephone calls.
There is no such thing in strata as unconscionable behaviour or fraud on the minority.
Add to this, there is a dislocation between the Fair Trading (under Minister Dominello) and the NCAT (under the Attorney General).
In NSW, top staff in Fair Trading can be fully aware of a situation in Strata but when it goes to the NCAT it’s then under the Attorney General. One is given the advice to consult Legal help…and the cost is?
It’d be nice to have a hot shower before work (that was well over a year ago) and in fact to have permission to renovate the room where the hot showers are expected to be available (that also was requested a year ago).
It also appears that within some Strata Schemes one can, without impunity, marginalise lot owners by simply not responding to any correspondence and dismissing any/every motion as ‘out of order’, claiming ‘privileged legal advice’.
Perhaps one could take the matter up with one’s local State MP. But when those who rule the strata are themselves former State MPs with a reputation of ‘abhorrent’ behaviour, life is never ever dull.
Strata – it’s always an interesting ride. Hang in there. And just know that often those opposing you are beside themselves but only reveal this when you’re absolutely calm in the face of all this!
Good luck. And, zen
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