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As I continue to contemplate my actions re the EC in this complex, I have been adding to the list of “neglect”.
Our EC will not hand out NTC to those who park in the visitors car park. The SM has made it clear that they will not act without the ok from the EC. As members of the EC themselves are the main perpetrators of this breach either by parking there themselves or allowing their mates to then turning a blind eye to many others this is perhaps why they are so reluctant to act.
Our visitors car parks are actually grass. They were upgraded with an underlying concrete cell structure (similar to those found at sporting grounds where cars park on grass verges where soil is placed in the cells and grass seedmplanted). With the continual parking of residents, the grass has died, the moss has grown, there is soil erosion and therefore uneven surface and in some places the concrete support structure has lifted and moves when any weight is placed on it, person or vehicle. So an OHS issue.
Could I find the EC negligent under section 62 in that, by not monitoring the visitors car parks (the EC members go by every day and night and two have full visual access from their units) and not issuing NTC when owners make them aware of parking problems, that they are not keeping this common property area in good and serviceable repair and therefore in breach of the act?