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Hello,
We purchased an apartment which was owned by a member of the committee. The committee didn’t pay a contractor for services that happened way before we bought the lot, and the contractor is now suing the committee.
However; that contractor’s lawyer believes that we are member of the committee (because a document states that our unit number is a lot owned by the member of the committee). We have never been elected in any committee (we also got an email from our strata that stated clearly that we are not members), yet are being sued by the contractor for not paying their services, which 1. We never contracted as we didn’t even own a lot here at the time 2. We never had and still don’t have any decision making ability in regards to paying contractors in the building as we never got elected as part of any committee.
However, since the previous owner of our lot was a member, a document states that our lot is the lot of a member. And now we are being sued because we live at this lot. Can someone explain how is this even possible?
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It’s not possible – well, put another way whomever is suing doesn’t know what they are doing.
If the Committee engaged a contractor they did so on behalf of the OC. Without knowing the details, the proper party to sue is the OC. Bear in mind that the Committee is not a legal entity, it’s just the body that does certain things on behalf of the OC.
As a general rule Committee members are not severally liable for actions of the Committee as a whole. If they were nobody would agree to be on a Committee. And a lot is not a member of the Committee, a person is.
I wouldn’t worry about it.