#38026
Sir Humphrey
Strataguru

    My understanding is that your liability insurance would cover you if you were found liable for someone’s injury due to a failure to maintain the facility in a safe condition. However, you could expect the cost of insurance to be considerably higher when you go to renew and have to disclose having been found negligent.

    Aside from the insurance issue, the OC has to comply with the relevant strata act, which I am sure would include an absolute obligation to maintain the common property in Qld, the same as elsewhere.

    In another post you mention having put several motions to an upcoming AGM but I don’t know if they were to do with the boat ramp.

    Anyone can put a motion to a general meeting. In your situation, and if the committee was reluctant to propose funds for the boat ramp repairs, I would notify my intention to put a motion to amend the proposed budget to include the repair with an appropriate adjustment to the levy. A motion might include amending the sinking fund plan and its levy to include the repair.

    If the motion were to fail, it might then be possible to seek an order from the state Tribunal to give effect to the failed motion on the grounds that objection is unreasonable. IE. The Tribunal does a merits review. The ACT act has an explicit provision for this but I don’t know if the Qld act does. If the Tribunal finds that your proposal should have passed on the grounds that the OC is obliged to maintain the common property and you had a realistic proposed budget for that and the committee can’t make a reasonable case for any alternative course of action, then the Tribunal may give the order you want because any alternative would be unreasonable due to the absolute maintenance obligation.

    My impression from the ACT’s Tribunal is that they want you to try the democratic process first before bothering them.