carpet maintenance

Hyacith

I'm guessing the caropet isn't the only thing that's been allowed to deteriorate and it sounds like you need World War 3.  It also sounds like the Strata Manager is sympathetic so you could ask to have a copy of the strata roll, then write to every owner and tell them how the value of their property is being harmed by the penny-pinchers in your building.  A couple of quotes from local real estate agents about how much the lack of basic maintenance is harming values would go a long way to helping.

Also, your insurances may also not cover any accidents in the building if it can be shown thet the EC was warned about this – I think the phrase is “constructive negligence” or something like that – which means EC members could be personally liable if someone slips and breaks their leg (or worse).

This is a typical story in an older building run by rusted-on residents who have no interest in the value of their property (because they have no intention of selling) and are trying to keep levies down because their incomes aren't rising to meet them.

It's a shame but someone has to bite the bullet. If they are on pesnions, there will be untapped equity in their homes that they could use to get loans but that's no use if they are elderly and would rather hand their apartment on to their sons and daughters unencumbered than fulfill their responsibilities to the community in which they live.

Have a chat with the strata manager about the best way to push this forward. Most investor-owners will realise the benefit of keeping the whole building in trim – it's good for values and for rents.  But doing nothing is not an option – and that's a message you need to get to all the owners.  If it does start WW3, so be it – just make sure you win.

Ok, what I have been told is, to take a hypothetical example, if the EC has been told there is a potential problem with a wall and they decide not to do anything about it and it falls down, they are probably covered by their insurers because they have made a genuine mistake in not attending to it soon enough.

However, if a builder or surveyor tells them there's a problem with the wall and it's likely to fall down,  but they decide not to do anything about it and it falls down (and hurts someone) then they have ignored reliable advice. That's not a mistake, it's negligence and many insurance policies would be invalidated by that.

In this case, the Strata manger has told them several times that the carpet is potentially dangerous.  They have chosen to ignore that advice so they could be in trouble if someone falls and injures themselves and the insurer says, “look at the minutes for the last three AGMs – you ignored the advice given by a reliable professional.  We're not paying the bill, you can.”

That's my understanding but if I'm wrong I'd be glad for a strata manager, lawyer or insurer to put me right.

This is interesting:

 If EC members are not made aware of an OH&S issue (in writing or verbal) then they are not liable for prosecution. But if they are made aware and do nothing then there is a possibility to be sued for any damages. ( I think)