We recently received the following question from a lot owner about Bullying and Harassment in their small strata scheme. Stuart Mellington, Select OwnersCorp Management has provided the following response.
Question: One Lot Owner in our small scheme is making life unbearable with bullying and harassment of the other residents. Sending up to a dozen emails in a day and sometimes becoming physically threatening. What do we do?
We are a small body corporate committee of three members, two who are owner/occupiers.
There is an owner/occupier in the block of units who is very proactive and making suggestions on how the money should be spent on the garden, and only supports maintenance activities which benefit them only. If we do not reply to them immediately or action their suggestions, we are met with abuse and calls of incompetence.
It is not unusual to receive up to a dozen emails in one day, which commence with the idea then escalate to demands for action and then abuse.
If the committee does not agree to action an idea, they call the strata management group to complain. If we action the idea, but they were not involved directly with making the purchase (for example) they are never satisfied with the result and emails or bullying and harassing us by knocking on our doors, or we receive numerous phone calls and voice mail messages.
Some committee members are scared of this lot owner and tend to give in to their demands in order to “keep the peace”, despite it only lasting a week or so. This is constant and has resulted in us all hating to live at the units.
Over the last 5 years, we have had to deal with a variety of bizarre, over the top behaviour. The situation has sometimes even been physical and dangerous.
We have held dispute resolution meetings with them in the past after they refused to accept the resolutions provided against her complaints.
Are we able to install and action a bylaw again bullying and harassment? If so, what is the reasonable number of emails, or can we apply for a stop-bullying order even though we are all volunteers?
Answer: This bullying and harassment behaviour is totally unacceptable and a lesson must be provided to the activist owner.
This behaviour is totally unacceptable and a lesson must be provided to the activist owner.
I might suggest a reference to the Owners Corporation Act in regards the proper procedures with respect to the rights and obligations of the individual owners with an emphasis on the fact the Owners Corporation is bigger than the individuals that comprise the mini democratic community. That is to say, the majority rules not the interests of one person.
Once this has been clarified, then extend the troublesome owner’s education with particular reference to the functions of the committee wherein once elected the committee can resolve anything the Owners Corporation can other than those issues requiring a Special or Unanimous resolution. It also requires them to act in the best interests of all owners and MUST not act such that it benefits one owner or themselves.
It is, therefore, a breach to act in a manner that is dictated to them by individuals.
It would be hoped that in clarifying appropriate procedures and then issuing them a statement in regards acceptable conduct that may include that the committee is only going to recognise one email or communication per week (excluding any emergency) that their behaviour may be curtailed to a more acceptable level.
The committee will need to be firm and united in restricting any communications or responses to them until such time that they modify their behaviour.
Informing their strata manger of the rules and seeking their assistance in enforcing compliance, should further problems arise, will assist.
Stuart Mellington
OwnersCorp Aust (Asset) Management t/as Select OwnersCorp Management
P: 9862 3730
E: [email protected]
This post appears in Strata News #175.
Read next:
- QLD: Chairperson ordered to stop bullying a caretaker
- VIC: Q&A Roles and Responsibilities of the Owners Corporation Committee
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Hi
Thank you very much for the information
Is there a section of the act that can be copied/referenced and sent to all owners in our building to outline what is considered normal behaviour and what is considered to be bullying and harassment In committee meetings and also in the way people communicate with each other verbally or electronically .
We often have meetings with one or more person will start talking over everybody else and that can lead to very unpleasant reaction from others and make sure no effective communication so nothing gets done.
If there is specifics of what bullying is it would be very useful to copy to all owners
we have a similiar problem but the situation is different. The bulliers are the 2 owners agains us. They have unauthorised works and they spent the money without asking us. The strata manager is their accomplice. We ask to clean our gutter, have pesticide treatment in the common areas and they refused. What do we do in this cases? The both owners have unauthorised works and so on…
I can relate to this situation, and expect Stuart’s response may help.
An additional way is to ensure that after she is “educated” to delegate a project to her to investigate providing clear guidelines (how many quotes, scope of work, time frame, budget) and let her report back at a specific time/date. Development of a wish list for the long term benefit of the scheme by asking other residents and owners what could make living there better/worse/how do they feel about…
She evidently has a lot of energy and it seems to me that it will be helpful in the longer term to have her remain active.
Good luck!