Strata bullies – some strategies

Is this bogus caretaker a tenant (i.e. a renter) or an owner?

I think the best thing you can do is sit down with this guy and have a chat with him and ask him what the problem is with the strata manager and the tenants – not because you intend to do anything about this, but because it’s easier in the long term to start off in a friendly relationship than at war with each other. 

If the guy is receptive, tell him that you will listen to his complaints and pass them on to the committee. Maybe you could have a friend with you, just in case

If he is unreceptive and aggressive, tell him you are not prepared to put up with his behaviour and will take whatever steps necessary, including legal action.

Putting up rude and abusive notes, for instance, is a form of assault which can lead to police involvement.

Explain to him that he clearly has no idea how strata works and that he is not allowed to pass himself off as a caretaker (a role that has very specific duties under the strata Act) as that is fraud (it isn’t really but what the hey).

Tell him you have contacted strata experts and will be discussing with your strata manager how best to stop all the hassles.

Putting up notes on doors is interfering with common property and is against the by-laws.  

Keep a diary of any negative interactions or events and be ready to go to the police to ask for an AVO (here’s how to do that). If there is a clear racial element, that can only strengthen your case.

And finally, invite your other neighbours round for housewarming drinks just so he and you know you are not alone.

BA777 said:

As maybe slightly half of the tenants are renters, and he’s always snooping around, i dunno how many of them buy into his words. But i heard he does not get along with a tenant or two.

I am not hopeful of the Strata company doing anything, but what help does going to NCAT do?”

Hi bah777, Jimmy’s idea of sitting down with the guy is good advice. Whatever you do you have to be able to live with it and stress is never good. The guy may respond and back off after either a friendly talk or a stern warning (bullies often do) but are you comfortable doing either? 

I didn’t mean you should go to NCAT. What I said was “build a case” keep things eg notes, records of calls or conversations with others.  If others, be they tenants or owners, have issues with this guy try to get them to complain or put it in writing. I note that you have spoken to someone who had her uncle give him a stern warning, if nothing else talking to others might make you realise that it isn’t just you that this guy is picking on. 

In all probability the issue won’t escalate or proceed to NCAT but it would be a shame if it did and you didn’t keep a record of things supporting your views.

@bah777 said:
Hi Jimmy,

Do u think buying gift cards with a note to each affected tenant (including the weird guy…) placed in their mailboxes helps?

Nope. But having neighbours round for a few drinks is normal and gives you a chance to get to know each other (and gossip about the weird guy).

As for the weird guy, if he already has a personal agenda to the whole building, it seems nothing will ever appease him unless he is chairman or something?

Ask him if that’s what he wants.  If he says yes, tell him that upsetting everyone is not the best way to achieve this.  Owners aren’t going to elect him and tenants are reporting back their landlords about his behaviour.  If he asya he doesn’t want to be the chairman, tell hime to stop trying to rule other people’s lives

I remembered one of the owner (moving back soon) at the AGM who told me her uncle once gave the weird guy very stern warning and he backed off from harrassing her with calls.

A couple of years ago I had a run-in with a neighbour who was posting stupid, nasty notices about me on the notice board.  Eventually I sent him a text that said “Please understand I can’t allow this to continue”.  No threats, just a simple statement of fact and allowed him to work out what that meant.  His imagination did  the work for me.

Do u think i should rent out or just move in? Stress is affecting me.

You sound like a person who doesn’t like confrontation and would find a prolonged battle with this person very wearing.  Save the money you would have spent on gifts and get a strata lawyer to send this person a letter detailing all the things that he has done that are illegal and the steps you intend to take if there is just one misstep by him, including AVOs, by-law breach notices and fines (which in three months will be payable to the Owners Corp.)

Lawyers letters scare the crap out of people and it sounds like this idiot really doesn’t like it when people stand up to him.

It might cost you a few hundred dollars but it could be well worth it in the long run.

Also, have a look at the advice I gave HERE. Discussing this person’s behaviour at a meeting and referring to it in the minutes might make him realise that you are all united against him.  Let him have the sleepless nights.

Was the meeting quorate – were one quarter of the owners represented in person or by proxy, either in simple numbers or as a total of unit entitlements?

If a meeting has been called properly and the chair doen’t show, provided the meeting is quorate you can choose someone elese to run the meeting.

Even if it isn’t, an order to overturn a decision at a meeting can be rejected by an NCAT adjudicator on the grounds that no injustice has occurred and no one has suffered as a consequence.  I’d say you’re pretty safe.

By the way, I hope you didn’t re-elect the shair.  What kind of chairperson doesn’t turn up at an AGM?