How can I make a complaint about the abusive language used by a contracted building manager? Is the OC responsible?
I'd like to make a complaint about the abusive language used by a contracted building manager. Can this complaint be made on a Consumer Affairs Vic (CAV) form, as the OC Act does not cover the building manager? I have reported the issue to the owners corporation manager (OCM) and OC resident committee chair. The OCM said to use the CAV form by crossing out "manager" and replacing this with "building manager", however this doesn't solve the breach.
The owners corporation complaint form is not intended for use against building managers.
You are correct. The owners corporation complaint form is not intended for use against building managers, and there is no option for it on the form.
The owners corporation is responsible for the engagement of the contractors that work at the property. You could argue the owners corporation committee has a responsibility to act fairly on complaints and, if required, consider issuing a breach of contract to the building manager. This depends on the severity and circumstances of the complaint.
Under Section 117 of the Owners Corporation Act 2006, the committee must act honestly and in good faith and exercise due care and diligence. If you feel they have breached this requirement by not taking your complaint seriously or not replying, you could file a formal complaint against them.
I also recommend you raise this with the direct manager of the building manager who is responsible for the behaviour of their staff.
Alex Smale Melbourne Owners Corporation Services alex@mocs.com.au P: 03 9818 2488
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Alex Smale has worked in the Owners Corporation Industry since 2015. She is a passionate advocate for sustainability and community within strata, previously working as a Sustainability Manager in the industry. She has served on the SCA Education committee and delivered education webinars for Look up Strata and SCA VIC. In 2019 Alex was awarded the Excellence Award from SCA VIC, she has also won two Excellence Awards for Environmental and Community Engagement and a SCA state and National Excellence Essay Award.
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