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An EC member damaged strata property which is now being paid for by our strata levies. Can an EC make this decision? This should have gone through the EC member’s car insurance. Yet other non-EC people have to pay for the damage themselves. No use complaining to EC – this is not the only one doing it. Then the previous EC, who were lovely people looking after the strata funds are being blamed for mis-managing the monies. But simply because they took over from a similar EC, wasting money on themselves as well. Any thoughts?
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Put a motion to the EC that owners, including EC members, must pay for damage they cause to common property themselves or through their insurance. Membership of the EC allows them no special privileges in this or any other regard.
Additionally, the EC should seek to recoup the monies paid in error to the specific EC member for fear that they be found to have acted fraudulently by giving special privileges or financial payments to EC members, the latter of which is specifically forbidden in strata law.
I would say there is an 80 percent chance they will refuse your motion, in which case you have grounds to take them to NCAT.
Or you could just point them in the direction of this post and tell them to look out for an upcoming Flat Chat column in the SMH.
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.
Sounds like fraud to me.
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