When a committee of people come together for a common purpose, such as a body corporate, they will work together to make decisions that best serve the majority of the people they are serving. These bodies will often be made up of people with differing personalities, and often quite different personal viewpoints. These differences will often lead to robust and often healthy discussions to determine the best possible result for the strata committee.
Sometimes personalities get in the way, and people may dominate a conversation to enforce their personal position. This type of behaviour can be regarded as bullying which is not only unhealthy, but can result in problems and divisions between the people who are there for a common purpose. This article investigates bullying within Strata Committee and how to deal with them.
What Is Strata Committee Bullying?
Strata committee bullying is where someone tries to dominate or enforce their opinion, viewpoint, etc over others in committee. Strata communities are places where many people live and sometimes work together. This results in many different interactions such as in person or face-to-face meetings and discussions, through to engagements in the digital sphere with email or social media. Body Corporate’s will use a wide variety of communication methods (in-person discussions and meetings, social media, email, and more), to achieve their goals.
In the process of these engagements, there are often disagreements that need to be resolved to serve the needs of the people who are part of the corporate body. Bullying is when these disagreements turn into personal attacks or intimidating and aggressive behaviour.
What Does Bullying Behaviour Look Like?
Bullying or threatening behaviour can take many forms, including verbal abuse or offensive, sarcastic and derogatory language, insulting comments, unjustified criticism, physical intimidation, exclusion, and cyberbullying (which is bullying through the digital platform such as social media including platforms like Facebook and Instagram, email and Whatsapp).
Bullying and harassment can occur between residents, between residents and members of the body corporate, or between different members on the strata committee.
How Bullying Affects Strata Owners and Residents
The impact of bullying and harassment can range from mild symptoms to being quite severe. Victims may experience feelings of fear, anxiety, and even depression which can severely impact their quality of life and also affect their mental health. Bullying can damage relationships between neighbours and create an overall toxic living environment for those involved. If bullying and harassment continues, it can often escalate into the legal sphere, particularly if the behaviour breaches scheme by laws, is considered discrimination, or involves personal threats and violence.
What To Do If You Spot Bullying Or Threatening Behaviour
If you encounter bullying in any form, whether it be on the common property or elsewhere, you should try and call it out immediately if possible. Bullies thrive on their victims’ passive nature, so making any action public will go a long way to stopping the problem. In the first instance, always keep any evidence that you have in relation to the problem including relevant pictures, emails, messages, screenshots or recordings that may prove bullying behaviour is occurring in and around the property.
Report and Document the Problem
The first step is to report the bad behaviour to the body corporate and be sure to include the body corporate manager. It is often useful to also have your report formally documented.
If the bullying takes place in written form, it’s essential that you keep a record as proof that harassment occurred. This includes keeping any relevant photographs, and documenting witnesses to specific instances of bullying which can be used to support your case.
Issue Warning Notices
In some cases you might consider requesting that the body corporate or strata manager issue a warning notice to the bully on your behalf. It’s important to note that issuing a warning notice will typically require approval from a majority of owners at an AGM or special meeting, so be sure to raise the issue formally with the body corporate or at the next committee meeting.
Know Your Legal Rights
Through the passing of the Residential Tenancies Amendment (Review) Bill 2019, the NSW Government was able to amend the Residential Tenancies Act 2010 so that it now protects the rights of tenants who might be subject to forms of domestic abuse and bullying.
Furthermore, if there has been a physical attack or a threat of violence, you can go to the police as well as communicate with members of your corporate body who will be able to assist you with any appropriate next steps which may include applying for an Apprehended Violence Order (AVO) if needed. If a resident or owner believes they are being bullied or harassed, they should report the behaviour.
What to Do If You Are Bullied by Strata Committee Members
Strata Managers need to be vigilant in ensuring that strata committees and owners/occupiers do not bully or harass their members, staff or others on the property. This will be supported by clear policies that strata schemes must follow in dealing with all aspects of bullying.
In all States and Territories, strata schemes are governed by legislation, which sets out the rights and responsibilities of residents and the committee. The legislation also outlines procedures for resolving disputes and addressing breaches of a body corporate strata scheme. Referring to communications by laws and following legal codes of conduct are some of the key processes to follow when dealing with bullying in a strata property. These rules are there to maintain a healthy environment in an owners corporation or body corporate.
How To Avoid Strata Bullying
To stop bullying behaviour, it is important to promote a culture of respect and inclusion. The body corporate plays a vital role by developing and promoting clear policies and procedures for dealing with bullying complaints, and ensuring that all residents understand their rights and responsibilities. These rules should be clearly documented in the strata scheme by laws.
Steps Strata Committees Can Take To Avoid Bullying
The main thing committees and managers need to do is make everyone aware of the implications of bullying and harassment, including what it constitutes, as it is often a lot more prevalent than most people think. Body corporate legislation should include codes of conduct for meetings and all written communications including postal, email and social media. There should also be clearly established guidelines for owners to follow that encourage respectful communications. The body corporate should also have procedures in place for enforcing scheme by laws designed to deter bullying and promote effective community management
What If Your Strata Doesn’t Have Bullying By Laws?
Though strata scheme laws tend to cover a range of topics and behaviours, there is a chance that your scheme’s laws may not cover how to deal with bullying. To remedy this, it would be a good idea to propose adding additional by laws to your body corporate’s constitution at the next Annual General Meeting (AGM).
Bullying by laws should clarify a code of conduct around respectful communication, both at meetings and also in and around your strata community. These laws will also be enforceable by the NSW Civil and Administrative Tribunal (NCAT) and, if not resolved to your satisfaction, can be escalated to this tribunal where it will be able to play a mediating role if needed.
The process for adding new by laws to a strata scheme is to file a motion on the agenda that addresses bullying behaviour. Your motion will ask to amend the body corporate laws or building rules to address the bullying situation, and implement a code of conduct for dealing with future situations. Contact your body corporate manager and/or members of the strata committee for help if you’re not sure of the formal process.
Create A Body Corporate Law Against Bullying
The success of any owners corporation or body corporate relies heavily on the involvement of its members. To help create a safe space, it is important to encourage active participation and prevent disruptive behaviour which might stop owners from engaging with property matters.
The body corporate committee should be able to point to the relevant by law in the body corporate scheme which relates to bullying. This should provide clear direction for determining a way forward when bullying is encountered. Strata managers are there to help mediate the situation and provide expert advice on best practice processes for dispute resolution. Contact your strata manager to discuss any issue and get an understanding of the scheme’s bullying by laws as a first step.
Mediation For Bullying Behaviour
If you’re having trouble resolving issues at a community level, with parties not wanting to talk and work things out, or with parties seeking legal advice, mediation might be an avenue to explore in order to get your matter considered.
Choosing mediation is the process of getting an unbiased third party in to help with the problem. They will work toward a solution by avoiding emotion, defusing conflict and promoting constructive dialogue with the goal of clearing a path to resolution and understanding. It’s also an effective tool for turning a problematic environment into a place where everyone can thrive.
Handling bullying issues in the property management realm can be a daunting task, regardless of what state you are in. However, there are resources available to guide you through dispute resolution. These resources can offer strata managers, property owners, and committee members the support they may need to help resolve specific issues.
