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Ziggy – Yes. The OC has an obligation to repair and maintain the lift.
Can you tell us the exact wording of the AGM Motion where the repairs of the lift were refused? Who raised the Motion? Was any explanatory material included with the Motion?
Industry best practice is for the OC to obtain an independent compliance and equipment assessment report every 5 years from a lift consultant. Has your OC had a report done recently on the lift? If not then you should raise this at your next committee meeting, and have the committee approve the obtaining of a report. The cost of a report should be well within the committee spending limit and should not need to be approved at a general meeting.
The findings and recommendations in the report will then be able to assist your OC in deciding what to do next.
As you are the only person on the SC who lives in the building you can request that you be designated as the person responsible to report to the lift service provider when defects occur such as: when the lift does not level correctly at floor level; lack of smoothness of operations; unusual behaviours such as stopping in mid flight; and noisy and violent door operations etc. These are all indicators of problems with the lift.
Current legislation states that a 10 Year Capital Works Fund Plan must be be place and must be amended and adjusted each year. CWFPs need to be approved annually at the AGM. Lift repair and replacement should be included in this Plan. Does your strata scheme have a CWFP and what does it say about lift repairs and/or replacement?