@kiwipaul said::
Strata Manager has no authority to spend OC funds on anything unless it’s been pre-approved or a vote has been held to approve it. I would say the vote would have to be unanimous to spend money on anything but common property.
With all due respect, you have no idea what the Strata Manager has been authorised to do. He may have been given the full authority to act on behalf of the EC or he may have been allowed to spend money up to a certain limit.
I also don’t know where you get the idea that it has to be a unanimous decision to spend money on anything other than Common Property. You may be right but I have never heard of this before. I would have thought at most you would need a 75 percent majority of those voting at a general meeting and even then I have a feeling that a simple majority would cover most circumstances. If the Strata Manager is delegated to make decisions on behalf of the EC/Owners Corp, then that would be far from “strictly against the law”.
I also wonder if the strata manager may have weighed up the cost of getting a gardener in to make sure the pit isn’t compromised against the time, hassle, money and effort involved in forcing an owner to clean up their garden.
In short, I wouldn’t be jumping to any conclusions without the full knowledge of the circumstances here.