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I would write a letter to the EC members (possibly copied to other owners) pointing out that they are failing in their duty under Section 62 of the strata Act. There is legal precedent to show that this section is absolute – it has to be followed regardless of the financial or other circumstances of the strata scheme.
You will require a schedule of works to be sent to all owners within 14 days or you will take action at the CTTT to have a statutory manager appointed. A statutory manager will take over all the duties of the Executive Committee and Owners Corporation for at least a year and will initiate any work needed to be done on common property. If there insufficient funds to complete all the work, a special levy may be raised.
There is no legal need for the SM to consult with owners during this period of appointment. The Owners Corp, as represented by the Executive Committee, has failed in its statutory duties and has therefore lost the right to run the building.
The SM will choose the quotes and the companies to do the work. They may also hire other services – like cleaners etc – to maintain the common property properly. The SM ihas a statury obligation to fulfill the letter of the law – they may not be concerned by any “off the record” arrangements that may be in place.
EC members also should be aware that, as they have been informed of the need for repairs and maintenance several times, they may now be guilty of culpable negligence. That means their EC insurance may be invalid if there are additional expenses that would not have been incurred if they had done the right thing. If they have invalidated their insurance by willfully neglecting advice that work was required, they could be personally liable for the additional expenses.
Finally, tell them that you don’t wish to go down this road but you aren’t prepared to allow continued mismanagement of the building to result in the further deterioration of the value of your and other owners properties.
Then quote the Act (below), maybe refer to the specific works that need to be done, and light the blue touch paper and retire to a safe distance.
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
