Protect Yourself When Dealing with a Rebarbative Lot Owner and Strata Committee

Navigating the complexities of strata living can be challenging, especially when dealing with difficult individuals. A rebarbative lot owner or a dysfunctional strata committee can create a hostile environment, impacting not only other residents but also anyone working with the strata or community complex.

Understanding the legal landscape

Several legal frameworks intersect when dealing with difficult behaviour in strata. WHS legislation is paramount, because it is your workplace, lot owners and others are specifically identified with a ‘positive’ Duty (s29 WHS Act) to ensure that their acts or omissions do not adversely affect the health and safety of any person (including you). A lot owner or committee member cannot be abusive or bullying in your workplace. Fines and penalties can be applied to them.

Importantly, the definition of “workplace” is broad and ‘includes any place where a worker goes, or is likely to be, while at work’. This means all common areas within a residential strata complex are considered a ‘workplace’ simply because it is an area where someone may work in the future ie landscape areas, painting eaves, etc, triggering WHS Duties (see my “Shutting the Gate on WHS Liability in Strata” article published in the Spring 2024 edition of Inside Strata on the WHS fatal gate where the OC were prosecuted and fined $225,000). It is prudent for all schemes to obtain a Safety Report.

Beyond WHS, the Fair Work Commission (FWC) can play a role, particularly if the difficult behaviour constitutes bullying or harassment in a work context. Section 789FC of the Fair Work Act 2009 provides a mechanism for workers to apply to the FWC for an order to stop bullying. It is important to understand that this avenue is specifically for workers who have been bullied at work. If a Strata Manager’s work is being impacted by the behaviour of a lot owner or a member of the strata committee, s789FC may provide a pathway for intervention (see Application by Ms A [2018] FWC 4147 (13 July 2018).

A robust Contract of Appointment may also provide contractual remedies, for breaches of acceptable communication standards.

Practical strategies for de-escalation and documentation

When confronted with challenging behaviour, de-escalation is the first priority. Typically avoid engaging in arguments or reacting emotionally. Use AI as a starting point to respond to long and rambling emails. Document every interaction: dates, times, specific behaviours, and the names of any witnesses. This detailed record will be crucial if you need to escalate the matter to your employer, the committee or others.

A useful tool for managing difficult interactions is my “Red and Yellow Card” System, detailed in one of my earlier articles, published in the Spring 2022 edition of Inside Strata. While not a legal instrument, it provides a clear and consistent framework for communicating boundaries. A “Yellow Card” might be a verbal or written warning that the behaviour is unacceptable and needs to stop. A “Red Card” signals that the behaviour has crossed a line and sanctions such as the cessation of email correspondence with that lot owner. This system, used consistently and professionally, can help to de-escalate situations and demonstrate that you are taking the matter seriously.

Leveraging technology for efficiency and objectivity

Many routine requests from lot owners, such as requesting copies of the strata plan or AGM minutes, can be easily handled through online platforms. Implementing a system where these documents are readily accessible online reduces the need for direct interaction, which can be particularly helpful when dealing with difficult individuals. AIpowered chatbots or automated email responses can further streamline these processes, freeing up strata managers and other staff to focus on more complex issues. This not only improves efficiency but also creates a buffer, minimising direct contact and reducing the potential for conflict.  

Protecting yourself from defamation

Be mindful of the language you use when communicating about a lot owner or a strata committee member. Avoid making defamatory statements, which are untrue statements that harm someone’s reputation. Stick to factual observations and avoid expressing personal opinions or making accusations. Documenting your interactions meticulously will help you demonstrate the factual basis for your communications. There are over 10 court cases dealing with strata and defamation, the latest being in 2023 where damages were awarded against a strata manager.

Seeking professional assistance

If you are experiencing significant harassment or bullying, it is crucial to consult with your employer and ensure that they support your actions, and may provide access to a counselor or psychologist. Remember, you are not alone, and there are resources available to help you navigate these challenging situations.

Conclusion

Use a combination of legal awareness, practical strategies, and technological solutions, and understand your rights, duties and responsibilities under WHS legislation and the Fair Work Act, document every interaction, and utilise tools like the Red and Yellow Card System, embrace technology for routine tasks to minimise direct contact and reduce the potential for conflict. Remember to prioritise your safety and wellbeing.