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Can EC members be held liable should they make a decision that may affect a property? I am in a townhouse and have a treated pine deck at the back in the courtyard. There is no way to check under the deck and my pest inspector has suggested I have a hatch installed so he can check the status of the property under there. Not only for termites but for water runoff/drainage. I am in a high termite area. Since this complex was built termite resistant materials for decking have become readily available. I thought I may as well replace the decking with this whilst building in inspection points.
I have not taken this matter to my EC as yet. I am not sure whether they include decking as Common Property (if so, there has been no money put aside for any replacements in the future, and decking needs replacing sometime). Should they declide it is indeed common property and I cannot replace pine decking/supports with termite resistant products (or installation of hatches), can I hold the current members of the committee liable for any termite infestation initiating from this area/causing damage to this area?
Should EC not agree, can I take the argument further? I would not be changing if from a deck except for material and colour it would still be decking. My deck is not visible from common areas and as I understand it, decking is not part of the actual structure ie it is a structure built off a structure. If it were considered common property the EC would only need to replace with same (ie treated pine)? Could I argue that replacement would constitute maintenance?
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