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I have just been called a f***ing fa***t by a tenant as he was driving passed on common property. He had his children in the car with him at the time and when I asked him to repeat it he said get witnesses next time. I have already been screamed at in the street and called a P**h Pusher, once again in front of the children. Can I complain to the Strata manager about the language used on the property? I understand I will have to go to the police about the street incidence. The family are renters and have been there twelve months and don’t look like moving.
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There are generally default rules/bylaws/articles in state and territory strata legislation which say general things along the lines of “A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit.” This is the ACT version but I expect it is similar elsewhere. Another default rules says “In these rules … owner, occupier or user, of a unit, includes an invitee or licensee of an owner, occupier or user of a unit.” This means that tenants must comply with the rules of the owners corporation, not just owners.
So, on the face of it, the person verbally abusing you is contravening an owners corporation rule – being shouted at interferes with your enjoyment of the common property. You could ask executive committee to issue what in the ACT would be called a ‘Rules Infringement Notice’ or similar term elsewhere.
In the ACT, and possibly elsewhere, the Act says: “If the unit owner does not occupy the unit, the owner is liable separately and together with an occupier of the unit for any breach of the rules of the owners corporation by the occupier, unless the owner proves that the owner took reasonable precautions and exercised appropriate care to prevent the breach.” So, the Rule Infringement Notice could be sent to the owner of the unit as well as the tenant. If the unit is let via an agent, the notice could be sent with a covering note to the rental agent. It might not be the first complaint that the agent has received about this tenant.
I can’t say whether it would be better to attempt this route via the strata committee or whether a direct complaint to the police would be preferable. Perhaps both. A verbal assault is illegal even if it occurs on private property, i.e on the owners corporation’s common property.
Of course there is always the difficulty that it is your word vs the other party with no witnesses and the committee might be reluctant to play policeman. In case it happens again or escalates, it might be worth at least putting a complaint in writing to the committee with reference to the relevant owners corporation rule. It may then be taken more seriously if this problem continues or a later instance is witnessed or it happens to someone else.
You could ask your strata manager or strata committee to send them a letter simply reminding them that
a) there is a standard of behaviour on common property set in the by-laws of the building (with the relevant by-law quoted), and
b) all residents can be fined for breaching by-laws, and
c) that a breach of by-laws may constitute a breach of their rental agreement (in which they have agreed to abide by the by-laws of the building) which could give their landlord grounds to cancel their lease and evict.
That’s all they need to say, without making specific allegations. That said, this is just as likely to inflame the situation as resolve it.
Maybe you should just keep your mobile phone handy and pull it out, saying “I am recording you” very loudly. Privacy laws only prevent you from recording people secretly.
And, if you really want to record them, there are apps available that put your phone on to record instantly at the touch of a button.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
This may be an instance where it is better to go Federal rather than local.
Based on your post it seems you may have been bullied based on your sexual orientation.
This is totally unacceptable.
Have a look at the information in this link https://www.humanrights.gov.au/complaint-information and maybe even speak to the people there to see what your options for resolution may be.
For more information contact our National Information Service
Phone: 1300 656 419 or 02 9284 9888
What reasons do you think have caused this issue to start with? Can you address these directly or indirectly so he get’s over himself and shuts up? It’s certainly unpleasant for you by the sounds so seeking out a fast, quick resolution to make this problem go away is what you are obliviously after.
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