#21732
Cosmo
Flatchatter

    OMG,

    Our strata had a similar problem in regard to balcony railings. Because we had work done that affected them we needed to bring them up to current code. I raised the issue (again and again) and in the end was told that it was only because I had brought it to the notice of the OC that we had to do it.

    One committee member told me that if I hadn’t put my concerns on record we would have been covered by insurance. I took this view to a lawyer and was told that view was incorrect. Everyone is assumed to know the law and it all gets down to how a ‘reasonable’ person who act.  In our case the first thing that would have happened if we had a claim to do with the balcony and especially if it was a big claim, is that the insurance company and maybe workcover would have had investigators look at the circumstances. The condition of a high use item such as balcony railings is something a reasonable person would notice. Also as we had had work done that affected them we couldn’t plead ignorance. 

    The lawyer said, for strata containing residential units only, it is similar to a car defect for non commercial car owners. Except for high use and visible items eg tyres and windscreens you don’t have to carry out detailed inspections yourself. In most cases ‘everyone keeping their eyes open for obvious potential hazards would suffice’.  After all how many home owners do you know who have WH&S audit and ACM audit at the place they live in?

    1. How worried should I be?

    In regards to the problem you have identified very.

    2. Should I force the Committee to act? If so, how?

    Absolutely, what I said was if we have an incident and say a large claim is made the insurance company will send an investigator and try to find a way to not pay.  

    3. How can I protect myself financially – 

    I don’t know if you can!