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There are a lot of issues here – safety, as we’ve mentioned, the Owners Corp’s obligation to maintain and repair common property and even, possibly, Work Health and Safety legislation. There may also be the issue that the driveway is clearly not fit for purpose.
If I were you I would get together with the other four affected owners and make a joint approach to the EC. You never know, they might decide it’s worth doing. Failing that, talk to a consultant (like our sponsors IBC – just click on their ad) who will be able to advise you on the physical and legal aspects of the issue.
Presented with a plan that means they can either do the right thing, or fight you through CTTT and possibly then still have to do the right thing, the EC might take the smart option, save some grief and money and do the needful.
One other thing, this isn’t so much an issue with the EC as the Owners Corp and if you can take this to your next AGM and get the support of the majority of your neighbours to agree to spend the money (especially if it’s there in the bank already) then the EC just has to go ahead and do it.
But talk to IBC – I would recommend that even if they weren’t sponsors (which is why they are).
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