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Topic
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Can a member of a past Executive Committee be sued individually for negligence as a result of an alleged failing by both the Strata Manager and the whole Executive Committee three years earlier?
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Replies
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Herve, my opinion is that you can sue anyone for anything (think America) but a case against a member of the EC wouldn’t succeed unless you could prove negligence, fraud or other ‘bad faith’ actions by that EC member.
As the onus of proof is on the person bringing the action, knowing a person did wrong and proving it are often worlds apart.
I have seen a lot of people start legal cases on ‘principle’ and then realise the financial realities are that they just should have accepted that they were duped and that as hard as it was they should have just moved on.
Hey HERVE,
Totally agree with cosmos reply.
My feeling is you can attempt to sue whomever you want but you need to prove negligence or.. whatever.
What is the situation? It depends.
Are you asking if the SM and the EC can sue one member of the EC?
The EC and the Strata Manager are two different units, but one. The EC instructs the SM on behalf of the OC.
The EC votes so any result can not be held to one person. No one person in any strata is responsible. This is what committees are for, they are an entity.
Do you have some issue with one person?
In my building the EC are insured for 1 million. The EC are purely volunteers.
But can be held responsible as a whole hence the insurance.
The Strata managers are trained managers.
Who do you want to sue and for what?
Cheers CBF
In effect litigation would likely be against the insurer, the response to my enquiries with one of the major strata insurers was that EC members would be covered if they were deemed to be acting in “Good faith” i.e. the more ignorant they are the safer they are. It there is a Strata Mgr. who appears to have almost no knowledge of rudimentary elements of the “Act” this would supply them with more cover but the litigator may win on the merits and the insurer/Owners Corp. would be liable.
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