A lot owner from NSW has a question about divisive disruption from OC Members during Strata Committee meetings and the role of strata disputes resolution to keep things calm and under control. Leanne Habib, Premium Strata provides the following response.
Question: What strata disputes resolution can a Strata Committee employ when a disruptive Owners Corporation member insists on attending, and then refuses to maintain their role of silent observer?
It is understood and acknowledged that any member of our Owners Corporation is entitled to attend Strata Committee meetings as observers. We also appreciate that an observer can respond when asked to contribute to proceedings by the Strata Committee. ( Is there an accepted formal procedure for this?)
Strata disputes resolution needed during the meeting
What rights of refusal (or banishment) does a Strata Committee have when a disruptive Owners Corporation member insists on attending, and then refuses to maintain their role of a silent observer by interjecting and essentially sabotaging Strata Committee proceedings?
Answer: The disruptive owner is in breach of the legislation.
Schedule 2 of the SSMA clearly states that:
13 Non-member owner may attend
An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.
So, the disruptive owner is in breach of the legislation.
If the disruption makes the proceedings at the meeting unworkable, you could:
- Ask them to leave
- If they refuse, adjourn the meeting until the person leaves
- If they refuse, adjourn the meeting to another date
- Have security present
For future meetings, you may wish to prepare a Rules of Conduct By-law for your strata and/or general meetings. Such rules could be re-iterated at the commencement of the meeting. They could be based on Robert’s Rules of Order or other strict procedures. That way, the disruptive person would be in breach of by-laws in addition to being in breach of the legislation.
This post appears in Strata News #194.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Resolving Disputes at Strata Meetings
February 2016: This article about strata disputes resolution has been supplied by Matthew Jenkins, Bannermans Lawyers.
Strata disputes resolution – The Role of The Strata Managing Agent
We are constantly being told how many people live in strata schemes. Currently, a quarter of the population of greater Sydney lives in strata title and it is anticipated that by 2040 this figure will rise to half of the population.
With such a large number of people living and owning in strata, disputes in strata schemes are common. Add into the mix the diverse backgrounds of these people, cultural differences, the differing interests of owner-occupiers and investors, differing levels of knowledge and you have a recipe for conflict.
Strata managing agents are usually more knowledgeable when it comes to meeting procedures and strata compliance than other attendees at meetings and are often looked upon to solve these disputes.
Strata managing agents should approach disputes with caution and in most cases take on a role akin to a mediator/facilitator and not a decision maker.
Ultimately it is a democratic system and the decision making should be left to the owners by way of a vote.
Strata managers should consider the following prior to any meeting:
- Review the agenda to anticipate any disputes or contentious motions.
- If a problem is likely to arise in the meeting, consider obtaining advice prior to the meeting. This can prevent issues becoming larger than need be and prevent subsequent legal proceedings.
- If there is likely to be threats, intimidation or violence consider appropriate safety measures, such as, security guards or secure premises. If it occurs at the meeting consider voting to adjourn the meeting.
Strata managers should keep in mind the following points when attending meetings:
- At the outset, structure the meeting to ensure that it runs smoothly and on time.
- Treat people with respect and more often than not, you will receive respect in return. Be aware of cultural issues, especially if it appears that someone could lose face.
- Be impartial. Acknowledge that a strata meeting is a democratic process and act accordingly.
- Take the emotion out of the dispute and be clear to discourage yelling, name calling, finger pointing, bullying or intimidation. If any of these occur, consider moving a motion to adjourn the meeting.
- Allow each party an opportunity to speak and limit interruptions from the floor. As strata managing agent try not to interrupt the speaker unless it is to get the discussion back on track. Redirect any inquiries through the Chairperson.
- Set boundaries for people speaking on the issues. If it is likely that the dispute will be a lengthy one, ask the owners how many people would like to speak to the meeting and perhaps limit the length of time allocated, i.e. 5 minutes per person. Then be strict in making sure owners adhere to their allotted time.
- Suggest options to resolve the dispute. If the parties cannot come to an agreement, try suggesting any options available.
- If a resolution is achieved, have the owners agree on the next steps. If they are unsure of the next steps make suggestions.
- If an amicable solution to the dispute is reached, advise the owners corporation on how to implement that solution. If it is not in your area of expertise, advise the owners corporation on a suitable person to assist.
Sometimes a satisfactory resolution of the matter cannot be achieved. For instance, one owner may wish to keep a large dog in their unit in contravention of the by-laws and seeks the owners’ approval. The owners may not want to provide that approval. In situations such as these, it is the strata managing agent’s role to allow the parties to be heard and direct the owners corporation to proceed with a vote (provided that it is a motion that has been placed on the agenda).
Similarly, if the dispute is in relation to a meeting procedure, once parties have been heard, a vote should be taken on the way to move forward. Although strata managing agents are well versed in meeting procedures unless you are sure of the correct procedure a vote should be recommended.
Once a vote has occurred, do not enter into any more discussion of the issues. Remind the parties that they have been heard on the matter and a vote has been taken.
If a party is still aggrieved, you could advise them of their further options, such as mediation in the NSW Civil and Administrative Tribunal.
Disputes in strata schemes often arise where owners and/or occupiers are not aware of their rights or responsibilities when living and owning in strata.
From our experience, the five most common disputes arise out of the following:
- Large expenditure – where the owners corporation is considering a large expenditure, such as an upgrade of lifts, balconies or remedial works. Owners who have not been involved in the process, either due to complacency or being left out of the decision-making process, often become disgruntled when large special levies are raised.
- Unauthorised works – where an owner is not aware of what is lot and common property and undertakes work to the common property without the necessary approval from the owners corporation.
- Pets – disputes regarding pets can arise where owners or occupiers keep pets in contravention of the scheme’s by-laws, where the owners corporation seeks to enforce by-laws or where groups of owners wish to amend the scheme’s pet by-law.
- Noise – Very common disputes between owners and occupiers due to an owner or occupier making too much noise due to music, a change in flooring, loud parties, etc.
- Parking – parking in visitor spaces or on common property can lead to disputes regarding parking, especially where owners or occupiers are inconvenienced.
- NSW: Resolving Disputes Arising Out of Strata Schemes
- NSW: Executive Committee (Strata Committee): Powers, Functions and Meetings
***The information contained in this article about strata disputes resolution is general information only and not legal advice. The currency, accuracy, and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
P: 02 9929 0226
This article Resolving Disputes at Strata Meetings first appeared on the Bannermans Lawyers website.
For more information about strata disputes resolution or information particular to strata legislation in NSW, visit our FactSheet: Strata Committee Concerns, FactSheet: Strata Managers or FactSheets: Strata Legislation NSW pages.