QLD: Bullying in Strata! Some Committees are Extremely Unreasonable

Our caretaking service contractor (CSC) in our 50+ complex has been performing their duties poorly for a few years. As the CSC is close to 80, they show signs of dementia. They forget things and angry easily if questioned. This results in poor compliance issues, contractors not wanting to work at our building, and angry discussions with owners if they want a new access card, etc. Basically, the caretaker has become a recalcitrant volcano who only does what they please.

We have taken over some of the CSC’s duties like WHS actions and tried to manage as best we can. We ensure the caretaker does not manage major repair jobs. The caretaker finds this offensive and some uninformed owners think we are being unreasonable.

This is a full-time job. The committee is an older cohort that hasn’t the stamina or the will to manage this situation. What can we do?

Answer: Any issue that arises about the alleged non-performance of duties by the CSC has essentially two roads to follow.

This is a tricky, sensitive issue and I sympathise with you in dealing with it.

Approaching this firstly from a non-strata perspective, does the CSC have family or people close to him that could be discreetly spoken to about the situation? That may be one way to do things. If not and there is a suggestion that the CSC may not have capacity, then it may be the Office of the Public Guardian could be contacted for general information about the situation.

Otherwise, putting the purely-strata hat back on, any issue that arises about the alleged non-performance of duties by the CSC has essentially two roads to follow. Road one sees the committee engaging in negotiation, mediation, communication and generally, a process of working with the CSC to resolve performance issues or map out an appropriate exit strategy. Many of these things are, at the risk of being seen to be overly self-promoting, what Strata Solve does.

Road two sees the committee embark upon formal proceedings to remedy the situation with the CSC. Road two is a long, very costly and often very stressful one to follow, so you and the committee need to be sure you want to see it out. It will require legal advice.

As you quite rightly point out, it becomes a full-time job and you probably have reached a point where ‘do nothing’ is no longer a viable option. So you will need to reflect upon the above and make a decision. This will not be an easy thing, although the sooner you opt to do something, the better. In other words, you need to start the process.

This is general information only and not legal advice.

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

This post appears in the December 2024 edition of The QLD Strata Magazine.

Question: The caretaker operates as an independent contractor. Is it reasonable for the committee to ‘watch’ the caretaker’s every move?

Is it reasonable for a committee member to ‘watch’ the caretaker’s almost every move? The agreement does not specify any ‘business hour’ requirements. In a committee meeting, the committee presented a documented list recording the caretaker’s dates, times, and activities, including when the caretaker enters and leaves the complex. Several residents who continuously observe and record the caretaker’s activities compiled this list.

The caretaker believes they perform their duties as required by the agreement and occasionally allocate work to subcontractors, as permitted. As the owner of the management rights business, the caretaker operates as an independent contractor, not an employee. They have the right to arrange their business as they see fit, as long as they fulfil the duties outlined in the agreement.

Of course, the ‘standard’ of performance is a subjective matter. While it’s understood that the committee wants to monitor all details, is it really acceptable to ‘watch’ and ‘record’ everything, including aspects of the caretaker’s personal life unrelated to caretaking activities?

Answer: Strata is not a surveillance state.

No, I don’t think it is acceptable to watch or monitor. In fact, I don’t think it is acceptable for anyone to be watched or monitored in strata – it is not a surveillance state.

Regarding management rights (MR) holders (which is the term I use to describe caretakers/onsite managers), it’s always important to remember they are not employees. They are contractors, and that means the relationship between the body corporate and the MR holder is contractual in nature. Essentially, if there is a difference of view on how the contract is being fulfilled (e.g., performance of duties), it might need to be negotiated between the parties to reach an outcome. Otherwise, there is a long, costly and stressful legal process to go through – in which anybody rarely ever ‘wins’.

Strata Solve is often involved with issues between MR holders and caretakers. Our view is that there is generally always the possibility of finding a way through things to a satisfactory result. And there are, of course, two sides to this coin. It is entirely appropriate for the committee and owners to have an interest in how an MR holder does their work. How they express that interest, though, is crucial.

This is general information only and not legal advice.

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

This post appears in the November 2024 edition of The QLD Strata Magazine.

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: frank.higginson@hyneslegal.com.au 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: chris@stratasolve.com.au 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: chris@stratasolve.com.au 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: jessicacannon@cannonlaw.com.au 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: tgarsden@mahoneys.com.au 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: frank.higginson@hyneslegal.com.au 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: frank.higginson@hyneslegal.com.au 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: frank.higginson@hyneslegal.com.au 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: frank.higginson@hyneslegal.com.au P: 07 3193 0500

This post appears in Strata News #175.

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