Jump to content

Blog Cosmo

A blog by Cosmo in General

  • entries
    77
  • comments
    0
  • views
    2149

Any advice is greatly appreciated

Cosmo

Entry posted by Cosmo ·

226 views

 Share
I have an office located in a shopping mall. My office is located at a corner and is facing a retail shop. There is about a 4 metre separation (the walking lane for shoppers) between my office and this retail shop.Since last Thursday, he placed a set of furniture (lounge chairs and a coffee table) outside his shop to sell. It straddles about 3 metres out - right in front of my office door.I was astounded and shocked. There was now only a one metre separation between the tip of the furniture to my front door - this was affecting the entrance to my door for my clients, not to mention the view.So I asked him whether he had the body corporate permission (they are the managers of the shopping mall), and he said he didn't, but that he was certain he would sell it that day - and he promised me that by Friday, it would be gone or he would move it back into his shop. Stupid me to believe him then because on Friday morning, it was still there. When I confronted him again, he got angry with me. He said he was placing goods outside his shop on his side of the property and it was none of my business. And when I reminded him that this was common property and that he needed body corporate permission to place goods outside his shop. He said it was none of my business and it was between him and the body corporate. To which I replied "if it is in front of my premises, it is my business - and that I had a right to be consulted and notified if someone was going to place goods right outside my business premises".By then, I was very angry - I knew if I let this slip, he was going to permanently use that space to sell his goods, so I called the body corporate to complain about this. Well, I was told to put it in writing and the body corporate would deal it as soon as possible. I promptly wrote a letter, faxed it to them within 10 minutes and thought this would be all over by Monday. Monday came and it was still there. Now, I was furious. This was not going to be a permanent fixture outside my premises. So I called the chairman of the body corporate and yelled at him. He told me the committee on this issue was not expected to meet for about two weeks. But this was too long for me.So I confronted my neighbour again. We had a big argument. I told him I have been a good neighbour to him. I have never caused him any problems in the 3 years I had been there, respected his rights and never once placed anything outside his shop, either to obstruct his customers or sell goods to his customers - so why was he doing it to me? He repeated his line again that it was his business with the body corporate and if the body corporate had an issue with him, they would deal with him.To which I threatened "If you do not remove this, I will take you to court". I added "I am sick of this, you promised me it would be gone by Friday and it is still here....well, I am not going to have goods selling in front of my business premises".I stormed off and went back into my office to call a few people. After 30 minutes, I was still angry. I needed some air, so I decided to leave my office to go out for an early lunch. As I was walking out of my office, another business neighbour of mine asked to speak with me. She said I did not understand the African way of dealing with this problem (my neighbour with the furniture is from Somali). She said he was a good man and he was doing what he thought was his right and that I needed to understand how to resolve it through the African way, not the Australian way....well, that suddenly struck a nerve in my body and calmed me down.I realised that as a person who is from a multi-cultural background, I have different ways of sorting out issues with my parents and friends. But in business, I have been following the customs and laws of my country - Australia. Any way, the crux of the issue is; how do I convince him to return his furniture back into his shop without having to go to court? Does anyone have experience with resolving issues with Somalian?All advice are greatly appreciated.Thanks.
 Share

0 Comments

Recommended Comments

Cosmo
I have an office located in a shopping mall. My office is located at a corner and is facing a retail shop. There is about a 4 metre separation (the walking lane for shoppers) between my office and this retail shop.Since last Thursday, he placed a set of furniture (lounge chairs and a coffee table) outside his shop to sell. It straddles about 3 metres out - right in front of my office door.I was astounded and shocked. There was now only a one metre separation between the tip of the furniture to my front door - this was affecting the entrance to my door for my clients, not to mention the view.So I asked him whether he had the body corporate permission (they are the managers of the shopping mall), and he said he didn't, but that he was certain he would sell it that day - and he promised me that by Friday, it would be gone or he would move it back into his shop. Stupid me to believe him then because on Friday morning, it was still there. When I confronted him again, he got angry with me. He said he was placing goods outside his shop on his side of the property and it was none of my business. And when I reminded him that this was common property and that he needed body corporate permission to place goods outside his shop. He said it was none of my business and it was between him and the body corporate. To which I replied "if it is in front of my premises, it is my business - and that I had a right to be consulted and notified if someone was going to place goods right outside my business premises".By then, I was very angry - I knew if I let this slip, he was going to permanently use that space to sell his goods, so I called the body corporate to complain about this. Well, I was told to put it in writing and the body corporate would deal it as soon as possible. I promptly wrote a letter, faxed it to them within 10 minutes and thought this would be all over by Monday. Monday came and it was still there. Now, I was furious. This was not going to be a permanent fixture outside my premises. So I called the chairman of the body corporate and yelled at him. He told me the committee on this issue was not expected to meet for about two weeks. But this was too long for me.So I confronted my neighbour again. We had a big argument. I told him I have been a good neighbour to him. I have never caused him any problems in the 3 years I had been there, respected his rights and never once placed anything outside his shop, either to obstruct his customers or sell goods to his customers - so why was he doing it to me? He repeated his line again that it was his business with the body corporate and if the body corporate had an issue with him, they would deal with him.To which I threatened "If you do not remove this, I will take you to court". I added "I am sick of this, you promised me it would be gone by Friday and it is still here....well, I am not going to have goods selling in front of my business premises".I stormed off and went back into my office to call a few people. After 30 minutes, I was still angry. I needed some air, so I decided to leave my office to go out for an early lunch. As I was walking out of my office, another business neighbour of mine asked to speak with me. She said I did not understand the African way of dealing with this problem (my neighbour with the furniture is from Somali). She said he was a good man and he was doing what he thought was his right and that I needed to understand how to resolve it through the African way, not the Australian way....well, that suddenly struck a nerve in my body and calmed me down.I realised that as a person who is from a multi-cultural background, I have different ways of sorting out issues with my parents and friends. But in business, I have been following the customs and laws of my country - Australia. Any way, the crux of the issue is; how do I convince him to return his furniture back into his shop without having to go to court? Does anyone have experience with resolving issues with Somalian?All advice are greatly appreciated.Thanks.
Link to comment
ahpuiahsan

Hm... since it's the Somali ways of doing business, do what he's doing. Move your office table and chair right in front of his premises (provided that there is still spaces)

Link to comment
DocDre

Somalia, Australia? Do it the Thai way... Jai yen yen, you've already contacted the BC. Is 2 weeks logistiaclly too long or is it now a matter of principal? I'd just go over to your neighbor, and apologize for getting heated,(in a passive agressive sort of way, he, he) and say with a big smile that it can best be settled by the body corporate, and state that they've been contacted and wait and see. The fire marshall is a good idea, if they permit it then implement the next piece of advice and expand your business premise to encompace his front premise as well. Best to keep a good rapport though as you don't want to dread going to your office space.

Link to comment
Sylver

Personally, my way of dealing with it would be to take the furniture out of the way physically and tell the guy that if he puts it back within 2 meters of my door, **** will hit the fan.

He has made a promise he hasn't kept, and he is taking the piss. This has nothing to do with "cultural background". It's just plain old greed.

Further, you are in Australia, so if some cultural background is to be applied, that would be the australian one.

Like here in Thailand, do you imagine yourself asking Thais to do things the aussie way? AIn't gonna happen. They are immediately gonna say "you don't understand the Thai way and this is thailand. Like it or leave it."

Anyway, if your neighborg business women is so good with the African way, have her give you a demonstration. Culture is often a flag waved to justify some crap that really hasn't anything to do with culture.

Link to comment
Cosmo

{ahpuiahsan} I am not sure too wrongs will make a right, though.

{Rob} good idea with the fire marshall. It is worth considering.

{wallace} buddy, I have had plenty of long walks to calm down.

{ikkhar} buddy, I am not sure buying will solve the problem...I am concern that he will use that space permanently....any way, I don't want to set a precedent like that.

{DocDre}I hear ya. I have been thinking about that. I do realise that part of my anger stemmed from the fact that he lied to me and he was trying to test my resolve...but the other part is my fear that this will become a permanent fixture in front of my office....I mean what would happen if one of my clients walked out of the door and got injured?....would I be responsible?....would I lose my client?.....these issues are also on my mind.

Link to comment
erictaymans

buy yourself a crocodile

somalian don t like them

drop a bunch of cockroaches in the display

we have some oversized ones near buy

burn the booth

hehehehehe

eric baaaaaaaaaaaaah

more and more as time passes

Link to comment
Cosmo

{Sylver} Mate, I was so angry on Monday, that at one point, I thought of removing his furniture physically away from my side of the office. But then, I realised I would have broken the law...I could be charged with property damage and that would be win for him.....anyway, I do agree with ya - that he is doing it because of his greed and he is testing my resolve.

{spiroidal}yes, I agree with you and Rob, great idea..I will give it a try.

{erictaymans} good idea Eric...crocodiles and cockroaches....thanks for a good laugh, certainly need it to calm down.

Link to comment
Sylver

What law would you be breaking? I am not saying to damage the furniture. Simply move it out of the way. He can't sue you for that, because he has no right to put stuff there in the first place.

As far as I understand, the furniture is in a common space where it does not belong. He did not ask anyone to put it there, and you don't have to ask anyone to remove it. The logistics differ a bit depending on the size of the furniture. Get some friends to help if needed.

Don't damage it, but don't wait any longer. The longer you wait, the harder it is. People around get used to it and then start to think it's normal. And when they do think it's the way it is, changing it becomes harder.

If you had moved the stuff right on the first day, people would be on your side because they resist change. If you let people get used to having his stuff all over your space, you have had it.

Move the thing and put a big sign advertising your business in a way which would protect your space, and remind people that your business is there.

That guy acted in a really rude manner and it's no fun to have such a neighborg, but if you let him get away with it, your business will suffer.

Link to comment
khun_lung

The Somali way of doing business? I've been to Mogadishu several times and the Somalis haven't even had a functioning government for two decades because they can't agree on anything. It's every man for himself!

Maybe you ought to have Immigration check him out. He's living in heaven compared to where he came from and the thought of being deported would send him into a panic!

Link to comment
Ngairo

There are processes you can use under your Common Law rights in Australia.

2uni came close.

You need to serve him 'notice' which is simple. I can help.

It will inform him that if the furnture is not removed within 48 hours that you will excercise your common law right to use the furniture. Then do what 2uni says.....make a mess or have it removed.

The notice will inform him that he must prove 'jurisdiction in origin' (meaning his body corp contract told him he could do this when he signed it) and that he must provide you with the documentry evidence of that or suffer the consequences.

If you issue notice on somebody that you are notifying them of an action for just reason, you will not be breaking any laws.

Maybe we should do this on a pm. I could refer you to Common Law web sites but it may get confusing.

It really is quite simple. He is put 'on notice' and by law in Australia must respond. By the time we are finished he will need to sell 200 sets of that furniture to cover his legal costs......you don't need a lawyer at all.

Jay

Council for the dammed.

Link to comment
Cosmo

{Dave40} that is cruel mate!!

Fortunately, the firemen have come to the rescue....hehe...

Thanks everyone for the great advice.

Now, I have got to make sure that it does not happen again through the body corporate

Again, thanks for all inputs.

Link to comment
2508

You have some bad neighbour by ya office, at least you can move.

But i have BAD neighbour near my home i can't move, so i called the police to deal with him.

Hope ya troble can be solved soon.

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...