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Our Strata Committee did the following:
- Raised special levies for $33K for carpet and painting through two different contractors. Painting got three quotes. One of the Committee works for [an architecture company] and got one quote through his company for carpet. Quote was addressed to his company, and carpet company operated through a trading as company.
- Contractor has ripped up the carpet. Building dates 1940. Carpet company forgot to order the carpet, and it won’t be delivered until maybe mid-October and we’ve paid 50% deposit. Carpet company also left all the flooring exposed including nails at front doors. I’ve already tripped and ripped the top of my foot on some of it.
- Sitting on committee is professionals in industrial design and architecture. Flooring under carpet indicates old paint. An orange dust substances and dust. I am getting it tested for lead paint and I’ve requested strata organise an asbestos check to see levels of exposure.
My question. If the owners and tenants are being exposed to toxic air and anyone is affected by the committee decisions who is liable.
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Our Strata Committee did the following: Raised special levies for $33K for carpet and painting through two different contractors.
It’s unlikely that the committee passed the special levy as that has to be done at a general meeting, but they probably promoted the idea.
Regarding responsibility for the dust and its effects, if they were acting in good faith, then the committee members are not individually or collectively liable for any errors they may have made.
However, if they had been warned that there would or probably would be a contamination issue, or that they should reasonable have known this, and they did nothing to take that into account, that could be another matter which would most likely have to be resolved through a civil action, rather than at a strata tribunal.
Otherwise, the responsibility lies with the Owners Corporation – i.e. all owners – and your insurers.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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