How to deal with bullying in your strata

What does bullying in strata look like?

Bullying in a strata community is not always the same. While many cases may start in the hallways and common space of the community, harassment bullying or abuse is not restricted to these spaces, it also occurs in emails and phone calls.

• Resident level – bullying between residents and neighbours in a strata community is another example of conflict that can be addressed through the powers of the strata community
• Committee level - strata committee bullying is an example of conflict that happens in the decision-making environment of a strata community

Bullying isn’t just a hypothetical scenario; it is a very real issue being faced by strata communities and we wanted to start by showing a case study of a real strata community addressing and overcoming bullying in their community

In a recent application the Fair Work Commission by Ms A [2018] FWC 4147, a strata management company in Brisbane, was successful in obtaining an order to stop bullying behaviour from the chairperson of a strata committee. The Commission ruled that a “war engaged in by email” was not an appropriate way to raise management issues. Particularly, the use of sarcastic and derogatory language in emails, combined with the excessive amount of emails, and the publication of those exchanges to other members of the committee was unreasonable.

Each situation is different, but rest assured that no matter the unique factors at play, the tips below will help to get you back to more harmonious times.

Steps to de-escalating and putting a stop to bullying

Step 1 - let your voice be heard

Bullying can often feel like a powerless experience for the victim, but we’re here to tell you that the power lies in your hands!

The first step is to speak out and let your voice be heard. All it takes is one person to shine a light on a problem, so take the power into your own hands! Who knows, if several people are affected by a person’s uncivil behaviour, your voice may be the catalyst to several people taking a collective step to address this behaviour in a general meeting of the owners corporation.

At this meeting, you may seek to file a motion on the agenda that addresses nuisance behaviour and amend your by-laws or building rules with this provision – aligned to federal and state laws. Make sure to keep any evidence that may help your case – pictures, emails, messages, screenshots or recordings that prove bullying or threatening behaviour is occurring. Always be respectful of an individual’s privacy.

Of course, if your bullying situation ultimately requires urgent attention you can bring it to the notice of your strata committee immediately and urge them to address the situation.

Step 2 – check your strata by-laws

You have a friend in the law! Many states and territories have model by-laws that deal with offensive behaviour on common property that can be used to address bullying.

Remember, strata by-laws aren’t for show, they are legally binding on all residents and your strata committee is legally responsible to act if a person is in breach of a by-law by acting or speaking inappropriately to another resident or owner on common property.

If the committee fails to be able to resolve it, the matter may be taken further, such as to a state tribunal or governing body.

Step 3 – Mediation

If you’re having trouble resolving your issues at a community level, Mediation might be something you need to explore to have your matter taken seriously.

Many states have organisation bodies in place that offer mediation services that have the power to address bullying issues.

Check your specific location and see what mediation services are available to you.

This is a great option to formalise the process and bring in a fresh set of eyes and impartiality to a situation that may be plagued by community relationships.

Seeking further advice?

If you wish to discuss any strata community or body corporate bullying matters further with an Ace Body Corporate manager, please do not hesitate to visit our contact page and locate your nearest Ace manager for a chat.

Note: We note that this article is not specific advice and is deliberately general in nature.