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For the past three years our NSW strata manager has listed on the meeting agenda the proposal for a WH&S audit and ACM audit. I’m not on the Committee, and every year when I read the subsequent meeting minutes I find that the Committee has resolved to postpone the audits yet again. This situation is really beginning to stress me as I’m unsure how dangerous it is, but it seems to me extremely foolish.

I presume the Committee thinks that pleading ignorance of stuff requiring fixing in the event of an incident will protect them with regards to our insurer meeting any claim. However, a friend says that ignorance is no excuse, and in any case the first thing the insurer would do is look at the minutes and see how they are repeatedly ignoring their responsibility. 

I’ve told the strata manager that I’m worried about an issue on Common Property that I think is potentially dangerous and needs fixing, asked him to make the Committee aware of it and also the concept of unlimited liability. This hasn’t produced any action.

My questions:

1. How worried should I be?

2. Should I force the Committee to act? If so, how?

3. How can I protect myself financially from any possible future incident claim being made if the insurance company doesn’t pay out? e.g. Document in writing to the strata manager or the Committee my awareness of the issues and my attempts to force the Committee’s hand, if that’s to be done? Send a letter to the Committee by registered post telling them that I will personally sue them in the event of an incident where the claim is unpaid to reclaim my share of the sum for which I might be liable?

Please help.

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