Struggs – yes they could and probably would if they regard the Owners Corporation (O/C) as an easier target than their “client”, but I’d be equally concerned about the contractors’ responsibility and/or that of your esteemed neighbour if some damage is caused to the Common Property or to the personal property of Residents.
What happens if the contractors cut a water pipe that services more than just the Lot that they’re working on, or if they’re maneuvering an item of equipment and it impacts a resident’s vehicle or the window of a Lot?
I have this battle every time one of my Proprietors renovates their Lot, where I insist on them seeking the Owners Corporation’s consent, using licensed and insured contractors, and if they’re intent on using their handyperson mates, then I want to see a their Owner Builder Contractors’ Insurance beforehand.
I try to be reasonable particularly if the works proposed are minor, and I admit that I don’t insist on a Special Resolution AND a Special By-Law on every occasion, but if they won’t meet me half-way and then start works that could in the slightest way compromise the O/C, then I seek Interim Orders for a cessation of works.
It’s just not worth the risk, and furthermore I know that when something goes pear-shaped I’ll all of a sudden be their best mate, who they’ll all be looking at to help sort it out!
No way ……. get onto your E/C and Strata Manager and insist that they get the mess under their control; right now!