If they don’t have responsibility, then who does.
This is the key question and it’s why Section 108 (4) says this:
(4) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has responsibility for the ongoing maintenance.
The provenance of the sail cloth may be in doubt but the floor and lift shafts are definitely common property.
I may be wrong but I think someone needs to tell the committee that this is strata responsibility and if they try to shirk it then they will probably lose and end up having to replace the covering as well as owners having to pay any legal fees incurred in disputing it.
I also wonder about the safety and efficacy of a sail shade in these days of extreme weather. Perhaps a motion to erect a permanent cover (maybe with solar panels) might focus strata committee minds on the real issues here.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 1 year, 9 months ago by .