Strata Bullying: The Committee, Caretaker and Strata Manager Perspective (Part 2 or 2)

In this second of a 2-part series, we look at the bullying issue from the perspective of committees, caretakers and contractors feeling that way. What it looks like, what can be done – and some provocative ideas from us on what government could do to regulate it in future.

Key Takeaways

Our top 3 takeaways for feeling like you’re being bullied as an owner or occupier:

• Stop, pause and reflect if “bullying” is really the right term to use. Labels don’t help
  • We get it. You feel bad as a result of something which has happened in your strata scheme. You want to give it a name, because by giving it a name, you are able to articulate it. That said, once you put a description on something, you’re labelling it. And once you label something, that label can stick and be hard to remove. So even if something happens in future which is entirely reasonable and appropriate, you might continue to think you are being ‘bullied’ because that’s how you term it in your mind. It can be very difficult to escape that mindset and it might hold you back.

• Break it down and get to the core of the problem – then address that
  • The more specific you get with the issue, the better the chance you have in being able to do something about it. Let’s put it this way: the difference between saying ‘everything in my strata scheme is terrible and bad’ and saying ‘I have a real problem with the application with this by-law’ is substantial and can also mean the difference between spending a lot of time and money – or handling things a lot more efficiently.
    
    
• Smart Communication
  • Get smart with how you communicate and start to deal with the ‘bullying’ issue. If there is a particular kind of communication really upsetting you, actively seek to avoid it. Don’t succumb to the urge to respond to an email instantly, or hit ‘reply all’. Indeed, ask yourself if a reply is needed at all. Remember that each time you send an email you are inviting a further response. Sometimes, silence will be your best friend.
    
    

Helpful Links

• Human rights page - https://humanrights.gov.au/our-work/employers/workplace-bullying-violence-harassment-and-bullying-fact-sheet
• Fair Work Commission - bullying definition- https://www.fwc.gov.au/issues-we-help/bullying/what-bullying-work
• Our webinar on owners getting involved with committee meetings – https://hyneslegal.com.au/news/committee-meetings-how-to-get-involved/
• Dispute resolution centres - https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/settling-disputes-out-of-court/dispute-resolution-centres
• Article on bullying of caretakers – https://hyneslegal.com.au/news/chairperson-ordered-to-stop-bullying-a-caretaker/
• What does a committee and the board of directors of BHP have in common – https://hyneslegal.com.au/news/what-does-a-committee-and-the-board-of-directors-of-bhp-have-in-common/

Hynes Webinar Hosts

Frank Higginson

Partner & Director @ Hynes Legal

Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.

Chris Irons

Director & Consultant @ Strata Solve

Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve.