Flat Chat Strata Forum Common Property Current Page

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  • #8732

    The entrance for our main driveway is different to the actual address. (Strange I know!)  Our visitors’ car park and letterboxes are at this address.  I asked six months ago for the location sign to be replaced as it had either rotted or was vandalised.  Tradespeople are having difficulty finding the main entrance.  I indicated to the Managing Agents that valuable time could be wasted if a resident required an emergency vehicle (Police, ambulance, fire brigade).  They passed on my request to the EC and again, silence.  We are financial at present – so that’s not the problem.  When I was on the EC, I was informed that any safety issue such as this needed to be attended to as our EC had a ‘personal legal liability’.  This could lead to the EC being sued as they knew of the problem and didn’t act.  Any ideas???  Kiss

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  • #18030
    Jimmy-T
    Keymaster

      Why don’t you threaten to get an order at the CTTT for them to fulfill there statutory duty to maintain and repair (or replace) Common Property.  It would be cheaper for them to put up a sign than fight this at the CTTT (and then have to put up a sign anyway).

      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.
      #18053

      Thanks for your info.  I sent our Managing Agent the e-mail on 18/2/13.  He is a decent fellow and was keen to get the sign replaced – he sent me a copy of his e-mail to the EC.   He understands the ‘safety issue’.  I am going to follow-up next week, as I haven’t heard from EC nor the Managing Agent.  I think 4 weeks is a fair amount of time to follow-up the issue.  Funny how all the visitors who aren’t supposed to access our private driveway can find the place, yet new tradesmen I have employed can’t!!

      #18236

      Jimmy: Looks like I will need to go to CTTT.   Can the EC be liable for ‘personal legal liability’ if they do not fulfill a basic EC responsibility (maintenance of common property) or if a residence doesn’t receive timely medical assistance due to the location sign that is missing (OHS)?  Yell

      #18244

      In relation to personal legal liability, that would be difficult to make stick. The databases used by emergency services are more than just the white pages and a Gregory’s street directory. Unless your complex is very new, and or very remote, I would bet that the emergency services would find you.

       

      It still doesn’t excuse the fact that the EC are not pulling their weight in leaving the common property in disrepair.

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    Flat Chat Strata Forum Common Property Current Page