@JimmyT said:…To give a hypothetical example, a resident complains that a wall looks unsafe, the EC hire a builder to look at at and he says that not only is it unsafe, it’s dangerous but he can fix it for, say, $10K. The EC thinks $10K is way more than they are prepared to pay and instead decide to do nothing. Right there, they have not only breached their legal duty to maintain and repair common property, they have probably breached the terms of their insurance by deliberately and recklessly ignoring professional advice. If the wall falls down and injures someone, the individual EC members could be paying damages out of their own pockets. If the injured person is working in the building then under the terms of the Work Health Safety legislation, they could even go to jail.
That is spookily close to the situation we had except that the EC decided we had to do something about the situation immediately and would spend that amount. Some owners objected to the spending. We asked in legal advice “What liability might we have been exposed to if we had not decided to act ASAP” The answer included a liability just for exposing people to a risk of serious harm; we would have been liable even if the wall did not fall down and no one was hurt. (the wall was holding up a roof BTW).