This article discusses small strata scheme excessive email disputes and how to manage ongoing complaints.
Question: Our 4 lot scheme is split evenly between two lot owners. The other owner continually sends emails to both me and the strata manager, wasting time about trivial matters. Do I have to continually reply to emails or can I withhold comments until the AGM?
My husband and I own two units in a 4 unit block. The other two lots are owned by a single lot owner. All units are rented out to tenants.
The other owner continuously finds problems with small things. They send at least 6 emails in the space of an hour and continues to waste the time of our Strata Manager and contractors getting various quotes which we can’t afford . This never ending correspondence causes me emotional stress.
Do I have to continually reply to emails or can I withhold comments until the AGM?
Answer: You could allow for matters not urgent to come back to an EGM or AGM.
Majority rules in strata and so a majority of the Committee and/or owners can instruct the strata managing agent how to operate. If there is additional cost for the time the strata manager is spending then detailed instruction can be provided on how to deal with matters arising in a more structured way.
Assuming both you and the other owners are represented on the Strata Committee then you only have one vote each and a majority decision would not be reached when voting on matters month to month.
Restrictions can be placed on the Strata Committee at your Annual General Meeting as detailed under Schedule 1 section 9 (i) – a form of motion to decide if any matter or type of matter is to be determined by the owners corporation in general meeting. The Act requires that a motion must be considered at each Annual General Meeting where the owners can place a restriction on the Committee and that could allow for matters not urgent to come back to an Extraordinary General Meeting or Annual General Meeting.
In your circumstances when there are split votes this could potentially be more complex to achieve but you could consider your unit entitlement allocated to each unit and your voting rights at a general meeting to determine who has the majority vote.
This post appears in Strata News #551.
Robert Fothergill
Strata Life
E: Robert@thestratalife.com.au
P: 02 9456 9917
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