Can a sole committee member claim costs for maintaining common property when other owners are non-resident and unengaged?
My wife and I are the only resident owners in our small strata scheme. The other villas are occupied by renters. I am the secretary of the committee, but none of the other owners are interested in participating.
The common property includes fences, the driveway, and small garden areas in front of each villa. One of the renters is not maintaining their section of the common property, and it is downgrading the appearance of the scheme.
The strata manager has been notified and has contacted the rental agent, but nothing has changed. If we maintain that area ourselves, can we submit a claim for the work? Also, is it acceptable for me to act as a one-person committee?
If the garden is common property, the owners corporation is responsible for its maintenance unless a by-law says otherwise.
Technically, if the garden area is common property, in the absence of a by-law transferring responsibility for it or an exclusive use by-law, the garden area is the responsibility of the owners corporation. As this is an owners corporation expense, it will be shared by all the lot owners in proportion to their unit entitlements.
If you are proposing to carry out the garden works, this needs to be approved by the owners corporation at a general meeting, as you would be conflicted to decide on this as a member of the strata committee. The owners corporation will require you to have adequate insurance coverage in place.
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