- This topic has 22 replies, 10 voices, and was last updated 11 years, 9 months ago by .
-
Topic
-
Sssssshhhh. I realize to all intents and purposes everyone here in this forum is anonymous so I feel most comfortable. The Executive Committee in my building likes to be anonymous too. They put their first initial and name on their EC meeting minutes but not their unit or their contact details. Also they don’t seem to do anything. They are completely passive and the place (36 units) is looking decidedly shabby. There are obvious points that need attention, just about everything is in poor repair.
Any complaints or questions or problems are referred to our strata managing agents who really do nothing except call a plumber in an emergency and there is one of those every three or four months.
Anyone who rocks the boat trying to improve things gets identified as a trouble maker, singled-out and mildly named and shamed.
Cleaners of the common areas are hopeless and gardeners are worse. Seems nobody is overseeing them.
I recall from our Annual General Meeting half a year ago we have a healthy bank balance but obviously nothing has been spent from it. What do you think I can I do, anonymously, so as not to make any enemies, to get things fixed up please.
-
Replies
-
@JimmyT said:
@considerate band fair said:
How silly to get into spurious debate over what and if… put your money where your mouth is and say what you need to at the next AGM or AND put your hand up to be on the EC and be productive.What we’re talking about here is where the EC isn’t open and fair and you can stand for office as much as you like but you know the EC and their loyal supporters, plus those that they have convinced the sky will fall down if they aren’t elected, are going to vote themselves in every time. Then you get all the nastiness of the filthy looks and muttered imprecations as you walk around you own homes.
Friends of mine were bailed up in a cafe nearby by a friend of one of our EC’s ruling group when they said they wouldn’t be giving their proxy to the chair – and this woman doesn’t even own or live in the building!
Nothing spurious about this discussion at all. It can get very nasty and this is your home, after all. People feel isolated and frustrated and wonder if making their point is worth all the abuse they will inevitably receive. Roll on the end of proxy harvesting.
Hooray to this comment! Under current legislation it is just too easy for unscrupulous rent seekers to gain control of ECs and go about their wicked ways….
I agree with a number of points of view expressed here, some of which are conflicting, but for what it’s worth:
– so far as anonymity goes, e.g. putting up an anonymous website criticising people, I believe that goes to the credibility of the person criticising, and I would discount anything under an anonymous profile. If you really believe in what you are posting, you should stand by it and identify yourself. If you don’t, you are opening yourself up to attack and weakening your position.
– before anyone starts throwing around privacy considerations, they should first read the Privacy Act so they are clear about what is private and the controls put on personal information, including what is personal information, and who the Privacy Act applies to (government organisations, large organisations, private health service providers and some small businesses). We give our email addresses to all sorts of people and organisations on a regular basis, sometimes there are inherent controls on how the address can be used, sometimes there aren’t.
– the names and addresses of lot owners are not private, any other owner has the right to access the strata roll and obtain the information on it (assuming someone’s real address is on the roll, because it may not be). The same applies to public listed companies, where under the Corporations Act a person is entitled to a copy of the register, subject to certain limits and controls re how that information is used.
– phone numbers and email addresses are a bit trickier. It can depend on whether that information has been provided (it doesn’t have to be) and any conditions that attach to that provision. So, I might provide my email address to the strata manager and tell him that he is not allowed to give that email address to anyone else without my permission, that it can only be used for a particular purpose, or simply that he can’t provide it to anyone.
Quite recently an owner in our scheme demanded the phone and email addresses of the other owners. I told the strata manager that on no account was he to provide mine, because I don’t wish to be harassed by that person. I have no obligation to give my phone number or email address to any other owner, I may do so, but if I do I will be clear regarding how they are to be used.
The person controls how the email address is to be used, not the OC. Any right of action in relation to use of the email address lies with the owner of the email address. For example, if you get an unsolicited email you have a number of options including telling the sender that they are not to send you any emails, and if they continue to do so you will report them to their internet service provider. If you receive threatening phone calls you can contact the police.
– I don’t think an EC can say things like we won’t tell you who is standing for the EC, that’s not private. That is just being precious. If they are using contact details for campaigning, perhaps you need to ask them whether they have obtained permission from the people to whom they are sending the emails, or whether they believe that what they are doing is within the ambit of OC business. They can’t have it both ways.
Hi All,
Totally get it and sympathize/empathize. Have been through the wringer myself as a vocal EC member. Car keyed, screws in tyres, police called when entertaining, you name it. I prefer as an EC member NOT to have my contact details public as I have had bullying emails and have had to block a sender. Residents generally know where the EC live if they are concerned. I feel what it basically gets down to is as an owner you have the right to express your opinion, good, bad or ugly. When you express, there is trouble, when you try to fly under the radar, be sneaky it can backfire and it can be worse. So, getting back to the post by ccbaxter, I will stick by my conviction despite persecution from residents in my building. I think you should try the same. If you feel there are needs to be met, stand up , have your say at the AGM, get on the EC and put your money where your mouth is. It may be unpleasant but at least you have and are possibly one vote to sway things in a better direction. Maybe spend some time building a posse of your own to get things moving in the direction you would like the buiding to take. BTW as an owner you may make a complaint to your strata manager and quote the appropriate by law etc if you really want something done round your building if the SM has the responsibility to do so therefore bypassing your Committee.
Cheers CBF
Having stirred this pot with my recipe for a secret website – here’s my take on the unsolicited email question, for what it’s worth.
1. Every owner in a strata plan has bought into membership of a corporation whether they like it or not, and I think that includes being able to be contacted by whatever means by other members of that group.
2. I think we should also insist on allowing recipients of unsolicited emails to say take me off your list (as you can with commercial emails).
3. However, I also think people who say “I don’t want to hear from any other owner about anything to do with my strata scheme” should lose the right to vote by proxy. Turn up at the meetings or read what people have to say – but don’t blindly give your votes to anyone who just happens to be in power – it distorts the whole system.
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.
I read with interest “freedom of information” and about the anonymous website. I had thought about setting up an email address under a name like Save our Strata then putting flyers in owners letter boxes asking them to get angry at what our EC is doing, or not doing more to the point. I wanted them to get involved and do something. I intended to list the numerous maintenance issues still outstanding one year on. I thought that by doing this i may get a “gang” of concerned owners together and things might start happening.
But then, why should I get them engaged? Why aren’t they angry? What aren’t they asking questions, getting advice? I did. I was told that our EC is in breach of the act in so many ways. I was told not to correspond with them without getting advice first. And any anonymous emails, website, flyers etc would be accredited to me anyway. I am the only one who has jumped up and down in the past.
Having had my own experiment with anonymity, I can only suggest that you keep everything open and above board while still offering an opportunity for people to air their grievances and find out what’s going on.
I am rapidly coming to the conclusion that the vast majority of people in strata are concerned with only three things: is this going to affect my levies, is this going to affect my lifestyle, and who is going to fix it for me?
So put your website together, pull together some articles about how the management of your scheme is wasting money and their decisions or lack thereof are affecting property values and you can even load up a forum like this one using software called SimplePress so people can log in and complain about each other – but be careful you don’t let them defame each other as that could be trouble for you as the ‘publisher’.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.
- You must be logged in to reply to this topic.