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QUESTION: We are a small Owners Corporation and, because of the added responsibilities and potential legal liabilities on Executive Committee members, we would like to compel all owners to also be members of the EC.
Occasionally owners not on the EC will state that specific maintenance needs to be done. But if the Owners Corp doesn’t have the funds the owners not on the EC often won’t endorse a special levy to pay for it.
Someone suggested that if the maintenance is not done and someone sued because of this lack of maintenance, it would be the EC members and not the owners as a whole who would be liable.
If we were to pass a bylaw to the effect that ‘all members of the OC are also members of the EC’ would that be valid? Or can anyone see a problem with this? – Cosmo, via Forum.
ANSWER: You can’t force people to join the executive committee but in any case the Owners Corporation is a superior body to the EC and every owner is a member of it whether they want to be or not.
Also, owners are responsible, without limitation, for decisions that are made by the Owners Corp, whether or not they participated in that decision.
EC members, however, can be insured against any unfortunate decisions made in good faith.
So, even if the majority of owners refuse to raise special levies for maintenance, they will still have to pay when the repairs are essential, or if an individual owners successfully sues to have repairs done or, worst case, someone is injured or their property is damaged as a result of lack of proper maintenance of common property.
Forum stalwart ScotlandX can see even more basic problems with compulsory EC membership.
“The first step under the legislation is to be nominated, either the owner nominating themselves or someone else nominating them,” he says. “In the latter case, the person being nominated can simply refuse the nomination.”
OK, so that’s out. But while we’re on the subject, should there be compulsory voting in strata? Follow the Flat Chat Forum discussions HERE.
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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