@dan said:
Following on from my email above the strata manager has responded with – “This is not a misuse of funds as the shower screen is covered under the strata insurance policy and we are in the process of making a claim to the insurance company”.… has the Strata Manager made a mistake and how do we get it resolved?
It may not be a misuse of funds but it’s almost certainly a dubious insurance claim.
Regardless of what insurance companies normally cover as part of common property insurance, this is no longer common property – as per the terms of the special resolution by-law. The secretary is taking advantage of their position and the insurers lack of awareness of the SR by-law to get a freebie.
Will this cost the owners corporation anything? Probably not.
Is it morally dubious? Almost certainly.
What should you do? You could do nothing but take note of the secretary and strata managers’ “flexibility” when it comes to such issues.
Or you could email the insurance company, tell them, send them a copy of the SR by-law and leave them to decide whether or not they want to pay.
What you probably shouldn’t do is let this take up any of your time or energy. Small war, not many dead, as the saying goes.