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It’s hard to offer different advice from what you’ve been given. And it’s hard to know what you expect anyone else to do.
The statutorily appointed strata manager would almost certainly immediately order the work to be done to fix this and, even if you just go for penalties, that might galvanise the committee into doing something.
Personally, I would do both and I would also tell the members of the committee who decided to do nothing and to ignore an NCAT order that I was seeking damages from them personally because in so doing, they were no longer acting in good faith and therefore their immunity from legal action for personal liability, as provided by Section 260, has been voided.
260 Personal liability
(1) A matter or thing done or omitted to be done by any of the following persons, or a person acting under the direction of any of those persons, does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing functions as such a person under this or any other Act, subject any of the following persons or person so acting personally to any action, liability, claim or demand:
(a) an officer of an owners corporation,
(b) a member of a strata committee.
(2) Any such liability of an officer of an owners corporation or a member of a strata committee attaches instead to the owners corporation.
