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Hi Jimmy,
Question re Insurance liability and where that sits. We are members of the Exec of our Building in Sydney (15 Apartments) We have had several thefts and an act of violence in our underground car-park over the last 2-3 years.
As member of the EC (Only 3 members total) we have attempted on 3 occasions now to have a CCTV security system installed, cost is around $6k and we have plenty of funds available in the Capital Works Account.
The most recent occurrence 2 weeks ago, at least 2, locked storage cabinets in 2 separate parking spaces broken into, many items stolen. The problem we are facing is one member of the EC is completely against having a security system, for what reason we have no idea, he says he doesn’t want to spend the money, we think there is another reason (he likes to snoop around after dark) but it really does not matter.
We would like to put the Strata and the EC on notice that any ensuing losses will be at the cost of the OC as we dont believe the EC is acting in the best interests of the OC by not making the building Secure.
I guess this raises 2 questions for me, 1) Who is liable in terms of the losses suffered by the break in? 2) can we pursue the EC for damages/losses re the thefts? 3) Are we entitled to serve notice on the EC in terms of future losses/damages?
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Kodger,
I think you have answered your question. You have 3 members on your committee and only one opposed to the proposed course of action. Consensus is nice to aim for but not always achievable. Occasionally our committee would record in its minutes that a particular person dissented from a decision.
Pretty sure your own home contents cover if you have it covers your own stuff, and the Body Corp insurance covers the community owned stuff, so if they broke into your garage you claim it, if they stole a communal bbq the Body Corp claim. You might actually find that both insurance costs are lowered by investing in the cameras. Mind you, they are as much a preventative notice to crooks as they are an after the fact identifier of what and when should they do something.
Sir Humphrey is right – three on the Committee, two want to have the CCTV, the majority rules. Just approve the resolution and get on with it.
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