This article discusses how quiet enjoyment common property applies to council of owners members, emphasizing the need for clear boundaries and formal action if threatened or harassed.
Question: As a COO member, I should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!
As a CoO member, I hate being ‘door stopped’ by whinging tenants and owners.
All matters should, in the first instance, be sent to the Property Managers who then forward the information onto the CoO Secretary who will either call an urgent meeting or hold the matter over until the next scheduled CoO meeting.
Everyone should be able to have ‘quiet enjoyment’ of common areas without being berated, door stopped, yelled at, threatened whilst traversing common property!
Answer: Each strata scheme is different and how things work will therefore differ from building to building.
You have my full empathy on door stopping and also the far more disturbing instances of being yelled at or threatened. That latter should not happen to anyone, least of all a volunteer strata participant.
To me, this situation highlights one of the truisms of strata and irrespective of which State, Territory or indeed, Country it is located in: namely, that each strata scheme is different and how things work will therefore differ from building to building.
Put another way: while government gives a legislative framework for strata operations, it is also acknowledged – and indeed, entirely appropriate – that that framework be ‘elastic’ enough to suit.
In your scenario, I know there are plenty of schemes in Queensland (from where I write this) in which it is both common and encouraged for door stopping and personal interactions (in the car park, in the lobby, in the stairwell) to ventilate issues or indeed to simply have a chat. To me, if that is happening in a constructive way and not impinging on one’s personal boundaries, that is to be encouraged. My experience is that quite a few strata schemes get results from this approach. It is also the best example I can think of to emphasise the ‘community’ aspect of strata. Like it or not, strata is all about a community, a group of participants who otherwise would have nothing to do with each other but who, by virtue of ownership, residency or contract, are very much part of a community.
The key here is setting boundaries. You don’t like being door stopped? That’s totally fine – just make sure that is clearly known and if necessary, communicated in writing. While you are at it, make sure everyone knows how to communicate in the alternative. Do all owners, tenants and relevant contractors have the best contact details? If there are communication preferences (such as a certain number of emails or communication at particular times of day)? Do they know those? Do you or your fellow councillors have a strata-specific email address? If not, time to think about getting one, as it will remove your personal email address from the equation and create the kind of separation and distance between strata and personal that you are after.
And then, if you are being berated, yelled at or threatened, that too warrants boundaries being clearly defined. To emphasise those boundaries, that may mean initiating formal proceedings against the offending party or parties. My point is that if there is behaviour occurring which you do not appreciate, you need to take steps to firstly make it clear you don’t appreciate it and then be prepared to follow through on it, if the behaviour keeps occurring.
This post appears in the June 2022 edition of The WA Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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