› Flat Chat Strata Forum › By-laws and outlaws › By law forcing owner to pay Insurance excess › Current Page
But because he’s refusing to give me the details about it all (he’s claiming that I can’t access any of that detail because it’s only the strata committee that are allowed to see it),
This where the committee member is playing in the grey areas. They don’t have to provide you with the documents but you or your agents are entitled to see ALL the documents at your strata manager’s office. So perhaps it’s worth hiring a strata search specialist and I’m not sure how much that will cost.
Personally, I would tell the committee that if they try to push through this by-law, you will challenge it as being “harsh, unconscionable or oppressive” as well as being in breach of section 136: “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.”
Let them do the leg work and find out which side of the law they sit. For what it’s worth, I believe that if an owners corporation has chosen to save money on the premium by including an excess on the policy, they can’t expect an individual owner to make up the shortfall when a claim is made.
And if they push ahead with it, this will stand or fall on the legalities, not on what their motivations may or may not have been, so pursuing a conspiracy may be a waste of time and money.