- If the gazebo and/or pavers are subsequently damaged as a result of a failed common property retaining wall is the OC responsible for the repair?
The gazebo and pavers are personal property damaged by a failure of common property (or in the course of work done to effect a repair) so the Owners Corp has to pay. The interesting question would be if the gazebo was damaged in, say, a storm.
But this is something you need to have tidied up in your by-laws as soon as possible. A by-law granting permission to keep the gazebo on pavers provide the gazebo owners accept responsibility for the structures and the common property on which they sit should be passes ASAP – or the gazebo owners should be asked to remove it.
And the very good reason for doing that is that if and when the current owners move on, the structures will become the responsibility of the owners Corp.