This article discusses what options are available when committee members bullied or defamed by owners in a body corporate setting.
Question: What can I do if owners personally attack or defame me because of decisions made by the body corporate committee?
I am the outgoing chairperson of our body corporate committee and will step into the secretary/treasurer role next year. Recently, an owner launched into a shouting, personal attack against me when no one else was present. I have now received an email complaint from another owner, through the body corporate manager, that is personally abusive and, in my view, defamatory.
I am being blamed for decisions made by the committee as a whole, simply because I was the chair. The situation has become extremely stressful, and it’s clear why so few people want to volunteer for these roles. Do I have any options for addressing this behaviour?
Answer: Qld’s strata legislation is not designed for dealing with interpersonal conflict.
First and foremost, we feel for you. No one should have to be in that position, especially for what is a voluntary role.
It’s important to remember that not everything that happens in a strata scheme is a strata problem. So, for example, if you believe defamation has occurred, that is something you’d need to seek legal advice about. There may be a need to speak with the Queensland Police Service if there’s a suggestion of criminal activity, such as assault. You could also consider whether a peace and good behaviour order is warranted – again, that’s a legal issue.
There are some options to address this situation through strata channels, although to be blunt, they’re limited: Qld’s strata legislation is not designed for dealing with interpersonal conflict. It’s possible to pursue a dispute resolution application about ‘nuisance’ under section 167 of the Body Corporate and Community Management Act 1997. Or there may be the ability to enforce by-laws if your scheme has by-laws regarding communications. Adjudicators in the Commissioner’s Office can make orders restricting a person’s ability to communicate with the committee, subject to having the appropriate (and valid) by-law in place.
These actions are unlikely to result in a change of behaviour, though. In other words, they address effect, not cause. Government is doing work in this area. Our personal view is that legislative change may be needed to achieve results. That might include definitions of ‘bullying’ and ‘harassment’, along with meaningful remedies and consequences. One of the consequences, we think, should involve denying an owner their voting rights if they are found to engage in this sort of behaviour, thereby creating a deterrent. Alas, we have no idea when (or if) we will see outcomes in this regard.
In an ideal world, there’d be an ability to engage with the person in a safe way and space, to have a respectful discussion of whatever it is that is leading to this conduct. We’re a firm offering mediation and facilitation services that can be useful for these types of discussions. These approaches might reveal underlying issues, such as a misunderstanding of strata legislation or frustration over something not being done. We stress, we’re not saying there’s a need to find excuses for poor behaviour. Instead, by trying to delve into ‘what lies beneath’, it might become easier to address that, rather than someone’s personality – it’s pretty well impossible to change that.
The above all require will, resilience and resources. The last point may be the way you can get some constructive change happening. If owners know that their actions (or those of other owners) are resulting in significant costs, that might be motivation enough to change their ways and do a better job of regulating their emotions.
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 Strata News #770.
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