This article contains a number of questions about dealing with bullying in strata and unreasonable members of the committee.
Table of Contents:
- QUESTION: Our caretakers of a 50 unit complex only carry out gardening and maintenance work between 4 and 6 pm. Can we get them to carry out work when most people are away from their units during the day instead of late in the afternoon?
- QUESTION: How do we handle troublesome owners? The chair holds a grudge against a committee member, causing scheduling conflicts and ignoring their input. The problematic owner has abused their position to act as a complex cop.
- QUESTION: In a recent committee meeting, the Chair launched a tirade against a Committee member because they disagreed with a decision made by the Committee. Is this permissible?
- QUESTION: How do you think the quality of the existing working relationship between the voluntary committee of owners and the building manager impacts whether variations are granted or not?
- QUESTION: Are there any changes to dealing with poor behaviour at a meeting, vexatious persons?
- QUESTION: As a resident manager, resident owners continually demand I carry out extra jobs that are not in my agreement.
- QUESTION: I’m a building manager. My hostile committee is trying to make me go to training. Can they demand my attendance at the strata training? I feel quite bullied by the committee.
- QUESTION: We feel have been experiencing bullying. Some of our onsite owners have zero respect for us and enjoy bullying and treating us like dirt. They are unreasonable with their requests. How can we best handle this?
- QUESTION: Input from a pedantic lot owner is getting to the point of building manager harassment now. Can the building manager breach a lot owner for harassment, or is it a police matter.
Question: Our caretakers of a 50 unit complex only carry out gardening and maintenance work between 4 and 6 pm. Can we get them to carry out work when most people are away from their units during the day instead of late in the afternoon?
Our caretakers of a 50 unit complex only carry out gardening and maintenance work between 4 and 6 pm. While these hours are allowable under construction noise regulations of Brisbane City Council, I understand there may be some relief under nuisance noise provisions of the environmental legislation.
Is there any way we can get the caretakers to carry out work during the day instead of late in the afternoon when most residents have returned home?
The caretaker agreement does not mention when they are required to do the work.
Answer: Without a specific provision in the caretaking agreement, I don’t think there is anything you can do.
Off the cuff, I don’t think there is anything you can do to force the issue absent there being a specific provision in the caretaking agreement (which would be very unusual).
From the caretaker’s side of things, it probably makes sense for them to work in the later afternoon to avoid the main heat of the day. There would be no harm in having a gentle conversation about requesting a change of work hours, but I wouldn’t do that in too forceful a manner because there is nothing you can demand as of right.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in the August 2023 edition of The QLD Strata Magazine.
Question: How do we handle troublesome owners? The chair holds a grudge against a committee member, causing scheduling conflicts and ignoring their input. The problematic owner has abused their position to act as a complex coporate.
Answer: Facilitate a discussion addressing specific issues rather than just having a general chat.
Unfortunately, that’s a common situation. I suspect this is a small scheme. My experience is that with smaller schemes, you find much more of this sort of thing happening because there is a higher tendency for owners to be residents.
The first question is why do we think this is happening? What did/do they do for a living? The conflict may be due to the nature of the individual’s job, which may be methodical and forensic in nature. If this is how they’re approaching strata, strata doesn’t work that way.
Does the owner have a valid point? It sounds like a few things are not going according to plan in this scheme. It may well be that one small thing is happening in the scheme and it’s causing a problem for this owner.
By asking these types of exploratory questions, you get down to the nuts and bolts of the situation. It is important to consider whether the individual is fulfilling their responsibilities appropriately, and if not, to address the specific problems and work towards resolving them. Facilitate a discussion addressing specific issues rather than just having a general chat.
Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898
This post appears in the April 2023 edition of The QLD Strata Magazine.
Question: In a recent committee meeting, the Chair launched a tirade against a Committee member because they disagreed with a decision made by the Committee. Is this permissible?
Upon opening of, or immediately preceding a Committee Meeting, is it permissible for the Chair to launch a tirade against another Executive Committee member simply because that member disagrees with a decision made by the Committee?
Belittling other Committee members in front of all present seems to me to be totally inappropriate and unacceptable. I have never seen this before on any Committee anywhere.
Answer: This is not how an effective committee should run.
Is it permissible? Well there are no provisions under Queensland’s strata legislation prohibiting belittling or tirades. Nor are there really provisions against verbal abuse, if you want to call it that. There are by-laws, and provisions about nuisance, and it is possible either or both of them might apply to this situation. That said I wouldn’t be recommending either of those approaches here, they are unlikely to solve anything.
I agree with you that this is not how an effective committee should run. Is there someone willing to take the chair aside and have an honest chat with them about their conduct? If so I’d recommend that as the start point. Perhaps the chair was having a particularly bad day (not trying to excuse their behaviour, of course) or has some issues happening in their life that led to the conduct. Putting that aside, if the chair doesn’t want to hear that, or continues on with their conduct, then consideration might need to be given to taking action such as having the chair removed from the committee.
Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898
This post appears in Strata News #625.
Question: How do you think the quality of the existing working relationship between the voluntary committee of owners and the building manager impacts whether variations are granted or not?
Answer: I think there is a big impact if you have a level of disharmony between your committee and your caretaker.
It comes down to the personality disputes that I was referring to before. I think it does have a huge impact on whether variations are granted or not.
My opinion, genuinely no matter what motion is being put to owners, if it comes with a (committee endorsement, most owners follow suit on the committee and think ‘You’re the ones that we appointed. We respect the work that you’ve done. You’ve got the day to day administration and operation of that body corporate.’ If you’re going to endorse something, genuinely owners that aren’t committee members will support that position. If there is a personality dispute between the committee and the caretaker and if the committee takes quite a firm position on variations and the like, I genuinely see that that will impact the relationship in so far as owners probably won’t vote for it either.
I also see that that disconnect between the caretaker and the committee is disadvantageous for both parties because what was most likely started as a performance based issue that could have been resolved with some training and with good communication, has escalated into something that is now a personality issue. My opinion needs to fix that you either need to change in the committee or you need to change the caretaker. Because otherwise working out communication, policy, putting in mechanisms and the like, they’re generally only effective to an extent.
So, to answer the question, I think there is a big impact if you have a level of disharmony between your committee and your caretaker.
Jessica Cannon
Cannon + Co Law
E: [email protected]
P: 07 5554 8560
This post appears in Strata News #525.
Question: Are there any changes to dealing with poor behaviour at a meeting, vexatious persons?
Answer: The same rules still apply
Still the same rules. So in committee meetings, you’ve still got the right to kick people out if they continue to speak when not spoken to after you give them a warning. At committee meetings, observers still don’t have the right to talk but there’s been no changes in relation to that type of conduct. However, there might be in the act if the act changes come through.
Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753
This post appears in Strata News #467.
Question: As a resident manager, resident owners continually demand I carry out extra jobs that are not in my agreement.
I’m a new manager at a holiday resort high rise in QLD. There are more owner occupiers than holiday units. The body corporate are made up of all retired people and they are very picky. They come down every day demanding extra jobs to be done, things that are not in the agreement. They think they are in charge of the building.
The management has no say at all. They have body corporate meetings every week or so and make decisions and change rules. They like to complain about everything. What can be done to take back control of the building and set the body corporate straight?
Answer: You need a copy of their caretaking agreement which is a body corporate document / record and should be available to you. Then it is a matter of reconciling what you think needs to be done against what the agreement says.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #436.
Question: I’m a building manager. My hostile committee is trying to make me go to training. Can they demand my attendance at the strata training? I feel quite bullied by the committee.
I’m a building manager. My hostile committee is trying to make me go to training.
This is the correspondence received from the strata manager:
A training session with XXX for regulatory compliance has been arranged for XXXXXX for a period of approx. XX hours. It will be conducted onsite XXXX with members of the Committee also participating.
Please ensure you are available to attend the training session.
Can they demand my attendance at the training? I feel quite bullied by the committee.
Answer: It is very unlikely there is an obligation to attend training in the Management Rights Agreement.
There is very unlikely going to be an obligation to attend training in the management rights agreements, but it doesn’t take much to see that the relationship with the committee is not good if they have lined this up for you at their cost.
Part of me says, why not take advantage of it and see what happens? If you get attacked or don’t like it, you can just leave.
The alternative would be understanding a bit more about what it is to be before you agree to go.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #284.
Question: We feel have been experiencing bullying. Some of our onsite owners have zero respect for us and enjoy bullying and treating us like dirt. They are unreasonable with their requests. How can we best handle this?
My husband and I own a magnificent Management Rights business and we love it. It’s like never having to go to work when you enjoy what you do. In fact, the only unenjoyable thing about the place is the current bullying. Some of the onsite owners have zero respect for us and enjoy bullying and treating us like dirt. They think it is their right to speak and email us in a very nasty tone. Often bluntly and in capitals and exclamation marks!!
A resident (on the committee) asked to speak to specifically one of the two Building Managers and they were advised that particular person wasn’t available. The resident demanded they must be called back by a certain time. The time frame was 1.5 hours.
As the other Building Manager, I asked if there was anything I could help with and was told “I doubt it.”
So there are three things here I would like to clarify.
- Can a Committee member demand you do something in an unreasonable time frame? In this case, we are talking 1.5 hours.
- Are they able to withhold information from either Builder Manager when it is quite possible either could have helped and provided the necessary information?
- Is one building manager on call at any one time sufficient?
Do you agree this falls into the category of bullying?
Answer: To me, this smells of a lack of professional respect and it sounds like some parameters need to be reset.
To me, this smells of a lack of professional respect and it sounds like some parameters need to be reset, but it is also that time of year when everyone has had enough and tempers can be a little short.
No one is entitled to ‘demand’ a response in a time frame. Asking nicely for one is far different and usually leads to a far more positive outcome. For this one, all I would do is suggest that the answer should have been that the message would be passed on and when they are available they will no doubt come back to you. People get busy or uncontactable for all sorts of reasons – it happens in here a lot as we can get caught up in all sorts of things.
It does also sound like some of the conduct could be that which was considered in this matter where a chairperson was ordered to stop bullying a caretaker – read on further.
There is no excuse for rudeness. I suggest it is time to start to rein in that type of behaviour if it continues.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #201.
Question: Input from a pedantic lot owner is getting to the point of building manager harassment now. Can the building manager breach a lot owner for harassment, or is it a police matter.
A unit owner at a strata complex is constantly voicing what he sees as wrong around the complex directly to the building manager whilst trying to perform his duties.
They literally pointing out every weed, bin not in the correct spot, every car that just parks on the grass for a moment to the point of bullying. The funny part is, I have photos of this exact person parking on the grass on 2 separate occasions.
The property is absolutely immaculate with high-quality tenants so it is quite clear that this person thinks that there should never be a thing out of place. A few leaves or an odd sprout from a hedge would seem out of place, that’s how perfect the property is.
This is getting to the point of building manager harassment now. Can the building manager breach a lot owner for harassment, or is it a police matter.
Answer: Other than in a letting capacity resident manager has no direct relationship with lot owners. A resident manager definitely is not accountable to owners for caretaking services.
People can be obsessive!
The manager is a contractor to the body corporate with respect to caretaking services. They are also a service provider to owners who choose to engage them for letting services – and that is obviously not every owner.
Other than in a letting capacity resident manager has no direct relationship with lot owners. A resident manager definitely is not accountable to owners for caretaking services – they are accountable to the committee, and ideally just the committee representative (which most management rights agreements require the appointment of). It is very difficult to report to, and take instructions from, up to seven people.
So, assuming this owner isn’t on the committee and isn’t the committee representative, the manager can ignore them. Handling that then becomes the issue. What I think should happen is the committee should intervene and request the owner to desist and if the owner still talks to the manager about caretaking issues, the manager should direct the owner to make those requests to the committee. Occasionally we have been engaged by committees to help right these types of ship and engage with the owner who is causing the issues.
The building manager does potentially have rights though with respect to his or her workplace. We wrote about those here: Bullying in strata. The committee does need to be mindful of this.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #175.
Have a question or something to add to the article? Leave a comment below.
Read next:
Visit our Strata Committee Concerns OR Strata Legislation QLD
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
I live in a complex of 24 units of four storeys. There are two identical buildings and each has an entrance covered by a 1,5 x 1 m awning. This shield was specified as being of tempered glass. Some years ago the glass shattered. This was helped by rain overflowing from inadequate gutters. Water from there hammers down on perspex and the noise happens even if rain is light. I try to work about 3 metres away. I am the only one affected because of design. Other residents are aware of the noise but do not hear it in their units.
The glass was replaced with perspex because committee wanted the cheapest option. That material is much noisier than glass and is getting worse. The concrete pavers below are all pitted. The Chairman told me to shut my small privacy window which makes no difference at all I am 86 and this problem is affecting my health. My query is ‘Do building specifications require like for like for building replacement’
Hi Jan
The following response has been provided by Chris Irons, Strata Solve:
I am assuming that your building is in Queensland.
I can’t speak for building specifications. What I can speak for is body corporate legislation. The body corporate can make what is called an ‘improvement’ to common property and that means it need not necessarily replace like for like. That said, the body corporate – via its committee – must act reasonably in everything it does. It also has obligations in relation to nuisance. A ‘nuisance’ can be an audio nuisance.
If you haven’t already done so, you should keep a log or at least some kind of record of the noise you claim is occurring, as you will need to do this if you take the matter any further.
My question to you: what outcome would satisfy you in this situation? Are you seeking the Perspex be replaced, and if so, with what? Or is there any kind of mitigation that would make the situation ‘ok’ for you? It’s important to have an answer to this, because it will determine how you move forward.
Chris Irons, Strata Solve
W: https://stratasolve.com.au/
E: [email protected]
P: 0419 805 898
As a new tenant in a body corporate complex I was finding my way around living in a managed environment and signed up with ‘lookupstrata’ to become better armed.
I am astonished/appalled at the mess that is created with the many issues, incompetent committees, mismanagement and endless complaints.
Our committee, has no money in the sinking fund, wont raise the levy, has ignored desperately needed work and attempted to borrow money to paint when they dont even have enough money to manage the place. The place is rundown and needs a lot of money spent on it to bring it back up to standard
I can tell you that I may be being seen as someone who is difficult, aggressive and demanding.
My response is that the committee is ineffective, unwilling, incapable and has failed at its responsibilities and my investment value has been negatively affected
Im told it is about communication but all the communication in the world wont move a group who has the game sewn up.
That same committee appointed a manager, and he reflects their ability perfectly. We have a dysfunctional management system to look after this multimillion dollar complex
I now understand why the whole Body Corporate management system is a minefield for owners and great for lawyers.
Hi Hynes legal or look up strata
I am a newly appointed executive committee member. Recently we all agreed to start addressing the by laws that weren’t being followed or executed on other owners from the previous Committee members.
The previous Committee members are now consistently emailing and harassing me as they believe it was instigated by myself due to my previous knowledge of strata. The emails are false in statements, making serious accusations (eg we kicked their dogs, or physically assaulted them etc and to stay away as we are violent – which obviously isn’t the case). These emails are being sent to other owners. They are also approaching owners on common property with their comments to encourage similiar bullying by them towards us. .
The other Committee members are now too intimidated to react and will not support my attempt to try and address these bullies.
Do I have any legal rights as a Committee member? Is there legal funding under insurance? Or is it a police stalking matter? Do we have a defamation case?
My partners and my health have suffered greatly as this bullying even started prior to being voted in on Committee.
We are now being left out of Committee decisions also. So the current Committee is also alienating us now.
I am being bullied by our building manager. What are my rights as an owner?
Hi Tracey
The following response has been provided by Chris Irons, Hynes Legal:
To answer your query some specifics would be needed. What do you mean by “bullying”? There’s no reference to or definition of “bullying” in body corporate legislation so it is important to be clear about what is actually going on, because that will help determine what your rights are.
I am a building/caretaker of a medium sized complex. The committee are active, I have a somewhat good relationship with them. I find that sometimes the executive committee do not want the general committee to know the general business and or have an opinion. How do I determine when I should just approach the executive committee over all committee members for an approval vote ?
Hi j ferguson
Thanks for your comment. We’ve received this reply from Frank Higginson, Hynes Legal:
You need to act like we do as lawyers for a body corporate.
We have a single point of liaison (usually the body corporate manager or another committee member) who gives us the committee’s instructions. We don’t go beyond that to understand the deliberations of the committee in terms of those instructions. How that liaison person got those instructions is then up to them.
Most management rights agreements have a specific clause to that effect, so I think look at your agreements, see what they say, and assuming they are ‘standard’ gently manage the body corporate into appointing one person to communicate with which then takes all of this away. Even if there is no formal clause, it still makes commercial sense for there to be one point of contact. That way, there is far less chance of conflicting instructions.
Thank you for your reply.
Hi we live in strata titled apartments in qld. I have just been re-elected for a second term on the body corporate committee for our complex. We recently had our AGM and a newly elected committee member came up and bullied and threatened me because i spoke up at the AGM because he was patronising and rude to previous members. A few days later we had our monthly happy hour for all residents and my husband confronted this man and asked him not to speak to me like that and to apologies. He refused to apologise. My husband later in the evening was talking to a group of residents saying that the bullying of women was not on. Later in the week we received a written letter from the self nominated residents group (formed by a few elderly ladies who hold a residents meeting to complain and bitch every few months) saying that the few residents that were left that night were disappointed at my husband and I and how we conducted ourselves at the happy hour. It went on to say that a number of people expressed doubt as to the appropriateness of me representing them on the BC committee. Mind you most residents didn’t see the confrontation at the AGM between myself and the other committee member that started this discussion at happy hour.
What grounds does this self nominated group have to send any such letters to any residents. Our complex is made up of 5 towers and this residents group does not represent ALL. They have a small following of complainers. What can we do here, we feel like we have been slandered to other residents.
Hi Karen
We have received this reply from Todd Garsden, Hynes Legal:
All owners have the ability to address concerns they have with other owners or committee member conduct – what is important is that the way it is done is reasonable and courteous. Otherwise, there may be a by-law that is being contravened (leaving aside that is just good manners).
These things have a tendency to snowball and escalate, so it is important to keep perspective on what the actual issue may be.
If a person has been defamed then they may have their own rights in relation to that but this seems more of a personal issue than a committee / body corporate issue.
Can a BC Caretaker Contractor sign a document on behalf of a BC to borrow funds ($340,000) for BC Insurance premium funding in the name of the BC with no general or committee meeting minutes and without any Lot owner approval? A copy of a current loan document signed off by the BC Caretaker and co-signed by the Chairperson on behalf of 129 Lot owners CTS recorded on BCS BC records without any BC approvals from the lot owners. Insurance levies are applied separately from sinking and admin levies quarterly but the insurance levies collected have not been applied to the annual insurance premium, instead the full cost of the Insurance premium has been borrowed with no BC authorisation in the name of the BC.
What can very concerned CTS Lot owners do about this?
Hi Barbara
Thanks for your comment.
In this instance, it may be best to contact your strata manager directly with your concerns to discuss the matter.
Nikki
What if there is proof that the two paid service contractors, the caretaker, and the strata manager who is also the agent for the insurance brokerage company, work together in concert controlling levies received and spending at times without any authorization outside of the common property needs and outside of annual budgets set down.
No separate account keeping of admin and sinking fund levy records available for owners only at AGMs.
Emails of concern are ignored by the Strata manager and by the BC committee who are all letting pool rental recipients of the caretaker/letting agent.
The head office CEO of the Strata Company is included in correspondence of concerns but chooses to refer owners back to the Strata manager without any investigation of complaints.
Where can Lot owners receive justice when there is clear proof their BC levies are being abused by paid service contractors? Is this a matter to be dealt with by the BCCM, QCAT, or other relevant bodies?