@Whale said:
Austman – I agree with your proposition where an Owners Corporation properly delegates some of its functions to a competent Strata Manager who then exercises those in accordance with Strata Law, and touches-base with the Executive Committee when exceptions or atypical situations arise.If you had read all of Colosus’ posts on this topic and the others where it’s clear that the Strata Manager that you’re siding with has demonstrated a propensity for taking the easy way out and acting autonomously despite the contrary requirements of the Law, then like me you may have taken a different line.
Thanks Whale – I did read the posts. I think there are at least two issues here –
(1) The unauthorised alteration of common property and
(2) An insurance claim for the repair of accidental damage to other common property.
Issue (1) should be an EC issue, perhaps with the SM’s advice. It’s clearly not allowed.
But issue (2)… I can’t see how the SM acted illegally, which is what
Colosus01 claims. No SM has ever asked me (I’ve been on the committee where I live for 10 years) before submitting an owner’s insurance claim. What are the “contrary requirements of the Law” here?
Are you saying that because (1) happened, (2) should not be allowed? It seems that Colosus01 wants the owner to pay for the repairs. My argument is that the owner would be allowed to claim from the OC’s building insurance regardless. I don’t see how a claim application could be denied by the OC. Who pays if the insurance company denies the claim or approves it with an excess is another matter. I think that any further costs after submitting the insurance claim would be for the claiming owner to pay.
Re issue (1), I can’t see anywhere that the SM went ahead and approved the cost of the new antenna. Perhaps Colosus01 can clarify this?