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  • #50533
    AvatarAlly27
    Flatchatter
    Chat-starter

    We have had a barrage of complaints over our year here as renters from I am assuming the same 1-2 owners. The complaints come with demands straight from the strata manager to the owner and then to us. Some complaints were genuine, my dryer was too loud so they decided It couldn’t be used after 10pm, belongings in carspace/balcony etc. Once we resolved an issue another was sent sometimes more than one at a time until it became almost daily. Some things you cannot prove false- noise for example, however on occasion I have been able to provide proof with photos from myself (or lack of photos from the complainant) that the complaints were falsely made.

    Most recently an email was sent from the strata manager to all owners. It was forwarded from and supposedly composed by the strata committee (am not sure if it was just the 1-2 regular complaintants or all on the committee- the select few with the power.) This email consisted of the long list of complaints about us, including issues that we had not heard of before like my children’s nappies not being disposed of properly and causing an odour and strata having to pay for bin cleaning (my rubbish is double bagged and I’ve had to dispose of it into the bins thaylt have had maggots absolutely everywhere on the bins, floor etc) Some of the claims were hurtful, saying I had done things to common property and even abused my children but police and child services had not been called because we are “intimidating” (despite being overly friendly to everyone in the complex- my husband is a big guy 6″ with a lot of untamed hair.)

    It was a very long email and rudely worded towards the owner. It included our names and unit number and every single owner in the complex received a copy of it. Over the time we have been here units have been sold and new owners and tenants have moved in and I fail to see how any of these people could have an unbiased opinion of us after reading the email. I have another hurtful email from the owner, whose opinion of me has clearly changed as a result of things said about me.

    The strata manager- who has only ever made demands and forwarded emails and never made an attempt to mediate has also emailed all of the owners asking if they have had any issues with us- that was all the owner has told me but I am unaware of the outcome.

    I am waiting to hear back from a local tenancy advocate however I would like to hear some feedback from others. I don’t want to move, we are close to my children’s schools and we do love this place. I am now walking on eggshells shushing my children, feeling anxious to make any noise and even most days I don’t feel like leaving incase I see the neighbours.

    I have read a lot about defamation after the email incident and am wanting to contact a lawyer to see if this is a route we can take. I guess I am wondering if others think I would stand a chance in standing up to these people in court for the untrue statements made to the third parties including our names and unit number and making a clear move to have other people in the complex have a negative opinion of us.

    I want to live in peace, I do not want to pack up my home and move which financially we cannot do right now. I cannot however to continue to bend over backwards to make strangers happy knowing that tomorrow I will receive another email and continuing on this merry-go-round.

    There is also a AGM coming up that the owner is attending- I have read that tenants can attend but not speak during the meeting. I would like to be there if this is the case but am unsure if I have the right information.

    Thanks for reading.

    • This topic was modified 2 weeks, 4 days ago by .
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  • #50671
    Avatarchallis
    Flatchatter

    Start planning to move forward and get out of this situation.
    Your mental health is not worth the strain of staying on
    I also did not want to leave my strata
    Now 3 years since moving and very glad I did
    I thought of the legal route, glad I didn’t.
    Simply give notice,

    #50609
    Jimmy-TJimmy-T
    Keymaster

    There’s an old saying that “defamation is for people with deep pockets” – and that applies to both sides.  Unless you have a shed-load of money lying around, you can’t even think about hiring the kind of lawyers you’d need to effectively pursue a defamation case.  And even if you win, there’s nothing to stop the other side declaring bankruptcy and leaving you to pay your own costs.

    A more fruitful route may be to seek an Apprehended Personal Violence Order (APVO) through your local court. APVOs cover intimidation, harassment and stalking.  If you think you can prove any or all of these things, then this would be a much less expensive and possibly more effective way of dealing with this.

    In the meantime you could write a letter to your committee and insist that they circulate it to all residents, refuting the claims in the previous letter, detailing the harassment you have endured and pointing out that if it doesn’t cease immediately, and if they don’t circulate your letter, you will be seeking an APVO.

    And you should tell your landlord that this is what you plan to do.  As members of the owners corporation, and your landlord, they have a duty to protect you from this kind of treatment.  But you want to have them onside, so I wouldn’t be too aggressive.

    I’m no lawyer but I believe verbal assaults and “poison pen” letters come under the definitions of “violence” as far as APVOs are concerned.  That could be your best avenue for resolving this issue.

     

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