Kiwipaul said:
Strata Manager shouldn’t be making these decisions. He works for the owners and they have the final say. SM can advise owners of the law regarding issues (assuming he knows which it appears he doesn’t).
Once again, it depends on what powers have been delegated to the Strata Manager. You can’t assume that the strata Manager hasn’t been given full permission to make these decisions on behalf of the Owners Corp. You don’t know this unless you have seen the contract between the SM and the Owners Corp and any related decisions that have been made at AGMs.
However, you are right in so far as the Strata Manager shouldn’t have made the decision to do nothing. There is no question that the Owners Corp not only has responsibility for Common Property repairs but they have a legally enforceable duty to carry them out, regardless of any other considerations (such as defect claims and the like).
If Danny54 wants to press the case he can take it to the CTTT who will more than likely order the work to be done..