NSW: Q&A When You’ve Got a Condo Commando in Your Building

This article is about what to do when you have a condo commando in your building.

Table of Contents:

• QUESTION: A disruptive owner requests all information about ongoing works, then calls the contractor and takes control of projects. How do we deal with this?


• QUESTION: Two residents in our building have been enemies for years. The feud is often aired publicly and residents are starting to take sides. How do we get the scheme back on track?


• QUESTION: A committee member in our small scheme is difficult to deal with. They harass residents, block repairs and do their best to control matters within the scheme. What can we do?


• QUESTION: Is it a good practice to have committee members sign a code of conduct?


• QUESTION: I conduct most of the work for our self managed building. Lately I feel bullied and under appreciated by demanding lot owners. What can I do?


• QUESTION: We’ve had a new arrival in our peaceful scheme who is bullying, breaks bylaws, wants to sack the strata manager and just wants control. What do we do?

Question: A disruptive owner requests all information about ongoing works, then calls the contractor and takes control of projects. How do we deal with this?

A disruptive owner in our strata scheme demands records from the strata committee about ongoing repairs and maintenance projects.

The strata committee has been releasing all records on these projects e.g. quotes, work orders, invoices, pictures etc. after the work is complete. If not, the disruptive owner uses the records to contact contractors directly and either disrupts or tries to take control of the projects.

Under Section 182 of the Strata Scheme Management Act 2015, if an owner requests records relating to ongoing repairs and maintenance projects, are we obliged to supply them immediately, or can we wait until the project is completed?

What records are we required to provide? The disruptive owner wants all emails between a strata committee member and a contractor. Section 188 does not specifically reference what records the owners corporation is required to keep and share.

The disruptive owner is trying to take the owners corporation to NCAT about the repair works. It is very distressing for all involved.

Answer: If you have a strata manager, they will provide some distance between the committee and this owner.

It’s an unfortunate reality that owners and their owners corporation end up in dispute. These can sadly turn nasty. In this situation, I recommend the following:

• The strata committee doesn’t have to provide information to this owner if you have a strata manager. The upset owner should make arrangements to search the books and records with the strata managing agent


• If you have a strata managing agent, the strata committee doesn’t have to engage with the owner or provide their files to an owner. The strata manager holds the owners corporation’s records.


• If you don’t have a strata manager, you should consider getting one. This will allow some distance between the committee and this owner.

In this difficult situation, I suggest you take all significant decisions about building works to general meetings to improve transparency and reduce liability and risk for the strata committee. The general meeting resolutions should also authorise the strata committee to act on the decision of the meeting and take all necessary actions. This includes signing contracts to implement decisions.

Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547

This post appears in the April 2023 edition of The NSW Strata Magazine.

Question: Two residents in our building have been enemies for years. The feud is often aired publicly and residents are starting to take sides. How do we get the scheme back on track?

A resident and a strata committee member in our Sydney strata scheme have been “enemies” for years. This animosity spills over publicly on occasion. Emails to the committee attacking the committee and/or the committee member involved in the “feud” are aired publicly. Anecdotal accounts about get-even attempts abound. Recently the resident referred to the committee member using profanities in the hearing of a number of residents. The committee member is seeking legal advice.

But the pressing issue is the developing divisions between residents, some of whom support the resident whilst others support the committee member.

What avenues can be taken to stop this corrosive enmity? Does NCAT have any powers here or is private legal action necessary? Who do we consult or who has the power to order a stop to these exchanges? 

Answer: Regardless of the method used, there is a need to have resilience about the process: you don’t just heal the type of wounds you are talking about overnight.

The situation you describe is, unfortunately, a common one in strata. Tensions arise, emotions get inflamed and it is because we are talking about people’s homes. The amount of emotional and financial investment is significant.

You mention legal advice is being sought – one can only presume that is in relation to a potential defamation proceeding. While I can’t comment on that, I am interested in your other comments about ‘developing divisions’. You seem to be talking about different factions and support bases. Again, this is not unusual in strata. Here’s a potentially provocative thought: can that be healthy? Maybe it demonstrates that people are engaged and taking an interest, which in my view is far better than an overwhelming apathy which means nothing gets done.

In terms of what to do from here if it’s getting out of hand, you could look at a process to bring the divisions together and be less extreme in their differences. That would involve consulting someone with communications and mediation expertise. Or, you could approach it from the point of view that it’s not about bringing people together per se, rather, it’s about harnessing the energy that obviously exists and putting it to better use. That might involve things like town hall forums and resident information sessions. Sometimes those kinds of consultative forums, where many owners and residents get together, can provide a circuit breaker and help get issues on the table. A clearing of the air, if you will. Again, that might mean you look to use someone who has some of the ‘soft skills’ mentioned above. At this point, strata expertise isn’t really the priority.

Regardless of the method used, there is a need to have resilience about the process: you don’t just heal the type of wounds you are talking about overnight.

In an ideal world the committee, potentially with the assistance of a strata manager, would take the lead on this to get the scheme to be more harmonious. If they cannot, or will not, it might be up to individuals, such as yourself, to get together with other like-minded individuals and start engaging in some ways forward. Get a copy of the owner roll if you can and reach out to other owners. Your messaging here is important. The legal proceedings you refer to will end up costing all owners money, so perhaps you could reach out to other owners on the basis you want to save money.

Ultimately you are talking about humans and human behaviour. You cannot control either of these. What you can do is chip away at the edges, so that the worst parts of the behaviour stop having negative impacts. That might sound utopian. Then again, I’ve seen it happen, and know it can be done.

While I’m no expert on NSW strata law, as an independent strata consultant I can comment generally.

Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898

This post appears in the February 2023 edition of The NSW Strata Magazine.

Question: A committee member in our small scheme is difficult to deal with. They harass residents, block repairs and do their best to control matters within the scheme. What can we do?

In our small strata scheme, we have a committee of four people with no specific roles. There is one committee member who believes they have more say than the rest. Recently, they stopped a resident from calling a plumber on a weekend when there was a water leak because they did not want to pay the emergency call-out fee. It turns out it was a pipe below the slab. As a result, the resident had to wait until Monday before the leak was investigated and the water metre was running the whole time. Without waiting for an investigation, the committee member visited the resident with the leak three times over the weekend advising the water problem was the lot owner’s responsibility. 

We have other maintenance issues that need attending to, but the committee member delays work and does not want a special levy raised to cover the cost of the necessary maintenance. 

Can something be done about people like this? They harass residents, targeting people they do not like and are generally difficult to deal with.

Answer: If it is safe to do so, then a conversation with her should be the first port of call.

To me, you have two intertwined issues here: you have a challenging person exhibiting what you say are some challenging behaviours, and then you have seemingly a strata scheme not being run in a logical process.

On the latter point, decisions in strata aren’t made by one person, they are made jointly. Moreover, where things are happening at the strata scheme that are causing problems, it is up to the owners to take the relevant action to do something about it. For example, you mention this person does not want a special levy. I’m yet to meet anyone in strata who actually wants to pay money. The fact of the matter is that living in strata means you have to cough up, like it or not, if there is a liability to be met. And there are options to make all that happen under the legislation.

On the first point, I guess that is a much harder issue, as we are talking about human behaviour. You ask ‘can something be done about people like this’. Let me ask you – can you do something about people ‘like that’ in real life? If you encounter someone acting that way at work, in your family, in your circle of friends, or anywhere really, what do you do? My point is, the issue of the person’s behaviour is not really a strata issue, it is a human being issue. If it is safe to do so, then a conversation with her should be the first port of call. Then there are a range of options to pursue after that (which is where the strata-related action might kick in).

You say there is ‘harassment’ occurring. I’m not sure what you mean by that, but if it is in the realm of abuse, assault or anything else of that nature, that may be a matter for Police and/or seeking legal advice.

While I’m no expert on NSW Strata law, as an independent strata consultant I can comment generally.

Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898

This post appears in Strata News #628.

Question: Is it a good practice to have committee members sign a code of conduct?

Answer: A code of conduct can be helpful, but I really think owners corporations should think about who they let onto their strata committee.

The answer is yes. Is it required or recommended? That depends.

It’s like asking an employee to be honest and not to discriminate against people. The things in a code of conduct are assumed, that adults will behave against other adults in a certain way. However, if things start breaking down, then a code of conduct can be helpful.

Owners corporations should think about who they let onto their strata committee. Is that person acting in the best interests of the owners corporation? Or are they acting in their own best interest? Do they bully and harass other owners? Do they bully and harass the strata manager, because unfortunately, strata managers are bullied very regularly by clients who want certain outcomes for their own purposes? Committee members leave committees because they get bullied. So you need to really think about who you let onto these strata committees, and make sure that they are people who are capable of thinking of others, thinking about a collective group, acting in the best interest of everyone rather than just themselves. Not everyone is capable of that, sadly.

So the answer is, yes, a code of conduct is helpful, but you’re not going to fix someone with a code of conduct. You’re not going to fix that person who’s been bullying everyone for 15 years by making them sign a code of conduct. It’s just not going to happen. You need to think about whether you let them back on the committee.

If you do decide to go down the code of conduct road, which code of conduct do you use? OCN might be a good place to start if your strata manager doesn’t have one.

Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547

This post appears in the April 2022 edition of The NSW Strata Magazine.

Question: I conduct most of the work for our self managed building. Lately I feel bullied and under appreciated by demanding lot owners. What can I do?

We are a self-managed strata plan. I conduct most of the work and I’m finding it difficult to please everyone in the building.

Some owners are starting to assert themselves and take the “I have a right” position. They request access to more and more information. They have become demanding and rude.

I find irregular behaviour like this manageable, however it is hard when I receive these messages constantly from multiple owners at a time. It feels like I am being bullied. I am just trying to do my best.

Is there some protection from this sort of behaviour? I feel like a slave to my role. Where can I seek help in difficult situations like this?

Answer: Start to get informed. How do you know if what the owners want is right or wrong?

I feel for you. Clearly, it’s not a fun situation and particularly so, given you are a volunteer.

While I am no expert on NSW Strata law, as an independent strata consultant I can comment generally. I am pretty sure that there is no reference to ‘bullying’ in NSW strata laws, just as there isn’t in other states’ strata legislation. Bullying has a very specific legal meaning, typically in the context of a workplace – which wouldn’t seem like it would apply here, given your volunteer status.

Strata legislation generally also doesn’t provide for how people speak to you. So while the way owners address and engage with you might be really offensive to you personally, they are entitled to assert their property rights.

So where to from here for you? Well from my perspective, the very first thing you need to decide is if you continue to devote your time to this endeavour. No one should be a ‘slave’ to strata responsibilities. Take the time to consider if you want to consider doing this and if the answer is ‘no’, then you and your fellow owners will need to investigate appointing a strata manager.

If you do want to continue, here’s what I’d suggest: firstly, start to get informed. How do you know if what the owners want is right or wrong? You get educated, and there are many resources out there to do that. Once you get informed and educated, that hopefully gets you empowered and confident to push back as you need to. Then you might need to start putting into place a few processes: things being put in writing, for example, which in turn enables you to respond in writing as you need to and on an informed basis. Finally, forget about strata issues for a moment and think about the interpersonal instead. Establish some boundaries around what you will and won’t accept as communication and be sure your fellow owners know it. Reinforce it over and over as much as you need to.

You need to make a few decisions here and it might be challenging to do. That said, you need to get things on track and it needs to start somewhere. I wish you luck.

Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898

This post appears in the March 2022 edition of The NSW Strata Magazine.

Question: We’ve had a new arrival in our peaceful scheme who is bullying, breaks bylaws, wants to sack the strata manager and just wants control. What do we do?

We are a strata of 8 villas. We had a new arrival a few months ago who has broken over 12 Strata Laws without permission. We have reported and lodged our concerns and have a date for mediation with the Dept of Fair Trading soon.

The new owner wants to get rid of the Strata Manager and take control. Most lot owners do not feel this resident has the ability, however, 2 owners have bought into his story.

Our strata manager is helpful but not assertive and is also overwhelmed by this new owner’s attitude and persistence! I have lived here peacefully for 46 years and now feel I am being forced out! I don’t even know where to start…

Answer: You need to speak to your strata manager about strategies on who you let onto your strata committee.

You’ve got a condo commando in your building? It’s hard, isn’t it?

It sounds like your strata manager is trying really hard. People use all sorts of tactics, including bullying and harassment, to get what they want in strata schemes. It’s the ugly truth. We’ve seen it firsthand. It’s terrible, really.

Evil people prevail when good people stand around and do nothing. The four or five owners who are really interested in the strata scheme, and have been doing a good job, they all need to keep coming to the annual general meeting. You need to speak to your strata manager about strategies on who you let onto your strata committee. I was actually going to talk about this, but I didn’t know if I was too political, ‘Who you let onto your strata committee’. A lot of my buildings Don’t let everyone on.

People think because they’re an owner, that they have an entitlement to be on the strata committee, when often their motives are wrong. My advice to my buildings is don’t let them on because it’s just going to take things in the direction that’s not in line with the legislation or anyone’s best interest.

You have to be strong. This problem may be here to stay. Your options are to continue to unite and support your strata manager or to roll over or sell. Most of my buildings would just take a stand and continue to stay strong and stay united. You may need to spend some money on lawyers to resolve this. This person may not go away.

I heard a crazy story once about a block where an owner was so bad that the other owners raised a special levy or raised money to buy this owner out at an elevated price on the basis that they signed a deed never to return to their strata. Now guess where this owner bought: Into another strata scheme!

My advice to you is to keep turning up to the meetings, supporting your strata manager if they’re doing a good job and be strong.

Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547

This post appears in the September 2021 edition of The NSW Strata Magazine.

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This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.

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• NSW: Q&A Positions on the Strata Committee
• NSW: Q&A Owners Corporation Committee Decisions
• NSW: Q&A Defamation in Owners Corporations Communication

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