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My partner and I are tenants in a block of units and I feel that we am being targeted by my executive committee.
We are being consistently sent notices of breaching by-laws any time there is a wheel of our car slightly outside lines, that we are storing personal items in our park (when we aren’t- all we have is a registered trailer), that we are not allowing access to common property (a pipe that runs along the wall next to our park that we don’t touch), etc.
We have also been asked to move our trailer from our neighbours car park even though we have an agreement with them that they are happy for us to park it in their space. I don’t think that the executive committee has a say about the use of private car spaces do they?
Every few months we get a notice and every time it refers to previous notifications of a breach of by-law that we never received.
There are a number of other residents that store goods in breach of the by-laws in the car park and yet they don’t seem to ever get sent notices as their parks never change.
In addition, a few owners have told us that we are being explicitly mentioned in executive committee meetings and there is a new by-law being drafted with us in mind.
As a tenant I feel powerless to do anything to amend the situation and we don’t even know what we might have done to cause anyone to target us in such a way. Does anyone know any recourse we can take to get this harassment to stop?
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@inner city walker said:
As a tenant I feel powerless to do anything to amend the situation and we don’t even know what we might have done to cause anyone to target us in such a way. Does anyone know any recourse we can take to get this harassment to stop?
You can contact the rental tribunal because your tenancy agreement states:
Tenant’s right to quiet enjoyment
14. The landlord agrees:
14.1 that the tenant will have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord (such as a head landlord),Whether that covers the EC I’m not sure. Alternatively you can take the EC to NCAT under the Strata act, problem is I cannot find a valid clause you could use it must be to do with causing you unnecessary grief and denying you quiet enjoyment of the lot. Maybe someone else can find the relevant part. Have a look at your bylaws their night be something their if they are not the default ones.
BUT Take lots of photos of other breaking the bylaws that you are accused of such that is they take action against you you can show discrimination (use the date stamp feature of the camera).
Is there unanimity on the EC? Perhaps you can talk to a few members and find someone sympathetic who can explain what is going on. Perhaps it is one domineering person on the EC?
Contact your landlord and/ or managing agent – tell them what you have posted here, and that you are entitled not to be harassed and you expect them to take action to stop it.
You don’t own the property, but you are paying rent. The person to whom you are paying rent has an obligation to ensure you can occupy the property without being hassled.
I have read this post with interest. I am not a tenant, I am an owner within a strata scheme and recently myself and another owner were sent rude and offensive emails and text messages from the secretary of the OC in regards to a building inspection.
How can we both proceed in regards to having them removed?
supersleuth – having what removed; the record of the e-mails or the person who sent them?
If the latter, then as the members of the Executive Committee (E/C) are nominated, seconded, and voted for at each Annual General Meeting, then the simplest solution is for you to obtain sufficient support from like-minded owners so as not to again elect the author of those offensive text messages and e-mails.
Of course if there’s been no E/C Meeting where a decision was made and minuted to authorise the Secretary to issue those text messages / e-mails, then those have no authority in any case, and you could pursue that line of response.
Whatever the circumstance, it’s probably better to simply suck-it-up, to ignore the texts / e-mails, and don’t give the Secretary the attention that they obviously seek.
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