Question: I identified a safety risk and although it’s been voted unanimously at the AGM to fix it, the chairperson has advised he is not going to proceed with the risk mitigation. What do I do now?
In 2020 I identified a safety risk and the AGM voted unanimously to fix it. The body corporate chairperson has advised that he is not going to proceed with the risk mitigation despite the unanimous vote. I fear someone (not least myself) could be seriously injured by the risk.
- Can I pay for my own independent professional risk/safety assessment and legally formalise the risk?
- Can I take my solicitor to our next Body Corporate AGM?
Answer: A committee has an obligation to put into effect the lawful decisions of the body corporate.
Tyrone Shandiman:
The body corporate has a duty to disclose all things relevant to the insurers decision to insure you. Depending on what the safety risk is and how it has been identified, you may need to refer the issue to your insurer and prospective insurers you approach when the policy next renews.
The Body Corporate should seek further advice from its insurance broker or insurer about your disclosure obligations in relation to this issue.
Todd Garsden:
A committee has an obligation to put into effect the lawful decisions of the body corporate.
A risk exists whether or not there is a report to justify it, however a report would be evidence that the common property may not be in the condition the body corporate is obliged to keep it in and give you a second argument to require the body corporate to perform the work. If you go down this path you should not expect to be able to recover the costs of the report.
You would be able to send your lawyer to an AGM but that will usually be less cost effective than dealing with the outcome of the meeting as a lawyer is usually unable to change the result of any outcome during the meeting.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au P: 07 3899 5129
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.