Structure on Owner’s garden space.

Owners of one lot in our three unit townhouse complex in the late 1990’s built a gazebo and installed pavers on the garden space of their lot.  The works were approved by local council and rather informally by the EC.  

Two questions which have never been considered by the OC or EC:

1. Who has the responsibility to insure the improvements, OC or Owners?
2. If the gazebo and/or pavers are subsequently damaged as a result of a failed common property retaining wall is the OC responsible for the repair?

The OC has actually paid for the replacement of the retaining walls for the whole strata property and also for the damage to the Owners’ gazebo and pavers in their garden space.

I should point out that one of the owners of the relevant lot has been on the EC since about 1994.

Hope you can clarify!