Abusive over Abuse

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  • 06/04/2012 at 8:17 pm #8049
    struggler
    Flatchatter

      An owner in our complex, sick on another owner taking liberties with the visitors car park, left a note on his car regarding the by laws for parking on common properpty.

      The next day, this owner found a note left for her.  In it, this owner (who is also now on the EC) states that he is going to park there over night when he wants as he carries expensive equipment in his car. He claims that his car has been broken into in the street numerous times (if so, he is the only one who has had a problem in over 10 years in this quiet, out of the way suburban street). He then states that he does not care if the other owner has a problem with his parking there.  He then states that he has “only parked there a few times over the past 6 months”.  This is not true as there are recorded dates/times of his parking over this time and though not everyday, it is certainly more than a few times.

      Am I wrong in presuming that if the EC just rolls over and lets him park with his expensive equipment in his car and doesn't notify him that (a) he can't park in the visitors car park and (b) if he is carrying expensive equipment it should be placed within his property/locked garage, that this EC, should something happen to this “expensive equipment” might be foung liable?

      And what of other owners?  I am sure that more than one person in this complex would like to park in visitors car spots when they have something they consider valuable in their cars!  This owner seems to believe he is above the “law”, especially since he is on the EC.

      The owner who received the arrogant note is considering her options.  I have sighed this letter.  He is arrogant and quite condescending in this letter to her.  Should she seek legal advice?  Not only regarding the behaviour of this rogue parker but regarding the EC not acting on this?  This owner is understandably astounded at the language in this note as her original note simply stated by laws.   She is uncomfortable living in her home with this person next door.

      I appeal to all the wise contributors to this forum for their insight and advice in this situation.

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    • 07/04/2012 at 9:50 am #15276
      Jimmy-T
      Keymaster

        Looking on the positive side, your friend now has evidence that that EC member is willfully breaking the by-laws and fully intends to do so in the future.

        I suggest putting forward two motions for the next EC meeting.  The first is a motion to issue a Notice To Comply to the EC member concerned, telling them to stop parking in visitors parking.  Don't brook any nonsense about issuing a warning first – a Notice To Comply is a warning, albeit one that carries a sting in its tail if it's ignored. Failure to do so will be a signal to all residents that visitor's parking ins now available to all and sundry.

        Secondly, there should be a motion of censure on the EC member for using intimidating language and bullying tactics against an owner.  Again you have the letter as evidence.  It's very important in any civilised community that everyone band together to protect individuals from these jumped up power freaks who think membership of the EC is more about privilege than responsibility.

        It would help greatly if the motions were accompanied by a letter signed by other residents asking the EC member to apologise publicly to the aggrieved owner.  It's important that she doesn't feel she's alone.

        Finally, this expensive equipment that he speaks of obviously isn't important enough for him to either hire a car space or make the effort of locking it in his garage. The truth is he's lazy and has a sense of entitlement … behaving like a member of the aristocracy or a spoiled teenage brat.  This is something, no doubt, that will be recalled the next time he's up for election.

        By the way, there is no legal compulsion on ECs to enforce by-laws … but your friend can go to Fair Trading and ask for a mediation followed by a Notice To Comply issued by them.  But again, she – and more importantly, he – needs to know that she has the non EC members of the community behind her.

        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.
        17/04/2012 at 9:21 am #15350
        struggler
        Flatchatter
        Chat-starter

          Coming up to two weeks since this incident and no evidence that anything has been done by the EC regarding this member who admits parking in visitors car spots and intends to keep doing so.  Meanwhile, my harrassed has moved out and is sleeping on a friends couch until some word is heard.

          I passed onyour comments Jimmy, which echoed my own regarding this matter, and I also suggested that a strongly worded letter be sent to all residents regarding the visitors car parking and that residents who thought they were more important and therefore above any bylaw need to take heed.   But  nothing.  Though I am not surprised.  This EC doesn’t get around to doing anything.  They have however placed the SM on notice.  So don’t suppose that they will be eager to intervene or offer much support.

          There is also nothing from the EC or the SM about the incorrect minutes of AGM sent out where matters discussed have been incorrectly described and one item is left off the poorly photocopied minutes.  And outstanding repairs/maintenance are still outstanding – no word on them either.

          03/05/2012 at 8:51 pm #15442
          struggler
          Flatchatter
          Chat-starter

            As it appears there is not action forthcoming from our EC in regards to issuing a notice to comply to one of its own (who is still parking in a visitors car spot when it suits) was wondering what action an owner can take on this matter.  Does one need the EC or OC to take this further?  Can an owner take the EC to task over doing nothing?  

            As some form of background on this, the current EC has issued notices to other residents regarding their parking habits, so it is not that they don’t give a hoot.  And this owner who is parking has been issued with notices regarding his parking previously (there has been one notice to comply issued but there has been some concern over whether this was implemented correctly).

            The EC member in question has had no hesitation in agreeing to issue notices to other residents over breaches of by law when previously on the EC.

            The owner that he has harrassed with his charming note feels intimidated and left adrift by the EC.  

            03/05/2012 at 9:30 pm #15443
            struggler
            Flatchatter
            Chat-starter

              Clarification on that last post – regarding mediation and notice to comply, does the owner take the offender?  Or can the owner take the EC for not doing anything about one of their clan (and yet does for others)?

              04/05/2012 at 10:20 pm #15472
              Jimmy-T
              Keymaster

                An individual owner can raise a complaint at Fair Trading and ask for mediation, followed by a Notice To Comply, issued by the CTTT.

                You can’t, however, expect much response from either body about an EC that’s selective in its enforcement of by-laws since enforcement is not compulsory. In extremis, however, you can ask the CTTT for a demonstrably dysfunctional EC to be replaced by a strata manager.

                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.
                08/05/2012 at 10:33 pm #15486
                struggler
                Flatchatter
                Chat-starter

                  So an owner can take an owner to mediation re breach of by laws but not necessarily the EC?  

                  My neighbour is beside herself with this owner/EC member who  seems to be making a point of abusing the visitors car park next to her property even more since she has brought this up. He parks there late at night and leaves pre 6am so she is the only one who see’s it.  I fear it is affecting her health.  She no longer feels comfortable being in her own home.  

                  The EC have been notified of his note to this owner.  And the EC have been passed on your advise Jimmy on a EC meeting.  But no word as yet.  Should they not reply or acknowledge this matter, what then? 

                  Does the fact that this EC has a history of not attending to matters, including maintenance issues, mean it is dysfunctional?  Our complex is long overdue for basic maintenance issues, leading to wood rot in areas.  What constitutes a dysfunctional EC?

                  08/05/2012 at 11:06 pm #15488
                  struggler
                  Flatchatter
                  Chat-starter

                    Further on my last post, would proof that the EC did not respond nor acknowledge the correspondence from owner regarding this matter constitute a dysfunctional EC, let alone the outstanding maintenance issues?

                    And the fact that this EC has given notice to the SM over 2 months ago.  Doesn’t the EC need to advise the owners of an EGM to vote on who willl be the new strata manager?  Shouldn’t they have presented us with this information and notification if they have investigated alternative SM’s by now?  Only a couple of weeks to go until the 3 months notice they gave to our previous SM.

                    Not to mention the outstanding maintenance.  Would need a EGM to agree to quotes for the work wouldn’t we?  It should have been organised and ready for the AGM.  But so should so much more in this complex.

                    The fact that the EC and owners decided to let the SM have 3 months notice has also left the owner harrassed by this EC member at a loss at to where or who to go to.  The SM would not be inclined to be too concerned as they may not be managing the SP in a month or so.  And who could blame them.  And also, taking any action at this time, when a new SM would be required, may be seen to be “too hard” by the EC.

                    I had passed on to the EC that I felt that, despite my agreement that the SM was not attending to matters in this complex, we really needed to keep them until we could attend to necessary and essential maintenance works, they decided that they would give them notice.  Giving notice to the SM seems to be the only matter they have attended to in the past 6 months!

                    17/05/2012 at 7:36 am #15539
                    struggler
                    Flatchatter
                    Chat-starter

                      Further on this matter.  After the owner formally wrote to the EC complaining about this one EC members behaviour, a letter was finally received stating that basically that the EC didn’t have time to attend to this matter.  Included was an A4 list of outstanding maintenance issues they had to attend to.  Most of these issues were outstanding for the past year.  But during that year, the EC had time to send out notices to other residents after complaints from other owners.  

                      This long list then insinuates that there would not be the amount of work to do if some owners had attended the AGM.  Wouldn’t the amount of work have something to do with the EC not “having time” to get around to organising anything?  

                      Seems it is open slather now for the owners/residents of this SP.  Now an owner has left something blocking half the driveway day and night for the past 4 days.  It would be a huge OH&S issue for the EC.  But seemingly they are not worried – because they’re insured.

                      17/05/2012 at 12:35 pm #15542
                      Jimmy-T
                      Keymaster

                        Hmmm. Seems to me that as soon as someone tells them that they have an OH&S issue and they don’t do anything about it, their insurance evaporates. It depends on the credibility of the notifier, of course. But there is a principle of culpable negligence which is also reflected in the new Work, Health Safety legislation that quite simply punishes a ‘do nothing’ approach.

                        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.
                        17/05/2012 at 7:34 pm #15543
                        struggler
                        Flatchatter
                        Chat-starter

                          The large object in the driveway is actually a skip bin.  An owner is doing a major renovation.  Bet they haven’t sought permission or notification!

                          And the skip in not clearly visible at night.  This may be due to lights being out in the driveway.  But if you have your headlights on you can swerve around it in time.  And the EC member who believes insurance will is all you need, drives by this each and every day.  Permission to leave a skip bin half blocking the drive?  Wouldn’t surprise me.  This EC has not addressed the issues of items delivered and left on common property before!  

                          With the wood rot spreading in the supporting post for part of the roof structure, have been looking at the prospect of going to the CTTT to have someone appointed to handle this complex until overdue works are done and the running of the place is back in order.  

                          I could do it but I have no intention of volunteering to handle anything on their behalf to have them sit back and say “see what we did”.  This has happened before when I was on the committee.  I organised (with another member) and got the jobs done.  And they thought it was so easy being on the committee.  It is if someone else does the work.

                          And I didn’t always have time to address issues either – I made time.

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