Building anger over rogue tradies | Executive Committees | Flat Chat Forum: Your Questions Answered




A A A

These posts are now organised with the most recent post at the end. If you have already read the rest of the posts, to skip to the end, use the little bent arrow symbols to take you there. You must be registered and logged in to reply to posts or post new topics.

Please consider registering
guest

sp_LogInOut Log In sp_Registration Register

Register | Lost password?
Advanced Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

sp_Feed Topic RSS sp_Print sp_TopicIcon
Building anger over rogue tradies
sp_BlogLink Read the original blog post
JimmyT
Admin
04/08/2012 - 2:32 am
Member Since: 06/01/2014
Forum Posts: 3131
sp_UserOfflineSmall Offline

QUESTION: In my strata plan the EC is using unlicensed tradespeople to carry repairs of more than $20k. When questioned they have a “so what” attitude.

They also now claim they didn’t know and nothing can be done. When threatened with a complaint to OFT the EC say they have immunity and nothing can be done to them. Is this true?

I can’t believe they have no responsibility to the Owners. The Strata Manager won’t say much in order to keep their job – Objectiviti, via Flat Chat Forum

ANSWER: There is no such thing as immunity from legal action for Executive Committee members.  EC insurance protects them from being held financially accountable for bad decisions made in good faith, e.g. if they genuinely believed that their decision was legal and in the best interests of the Owners Corporation.

However, if they have been informed that they may be breaking the law or not protecting the interests of the Owners Corporation, and they persist in their actions, the question of culpable negligence comes in and that may invalidate their insurance.

It depends on the insurance policy but I think you will find that coverage often evaporates when they have knowingly and deliberately broken the by-laws (or any other laws, for that matter).

On the question of the actual work undertaken, you should insist that the EC hires an independent surveyor to see if the work has been done properly.  You never know – this unlicensed tradie might actually be good at his job.

If it’s not up to scratch and the EC should tell the builder to refund the money or they will report them to Fair Trading where the fines for doing unlicensed building work are hefty.

If they’ve disappeared (as unlicensed builders often do) you should write to all owners explaining how their money has been wasted, demand that all the culpable EC members resign and, if they were complicit in hiring unlicensed tradesmen, sack the strata manager too.

There’s a lot of good information from strata managers, lawyers and other readers about the use of unlicensed builders, alng with the original post and answers HERE.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
29 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

scotlandx: 525

PeterC: 478

struggler: 454

Billen Ben: 233

Austman: 225

considerate band fair: 167

Kangaroo: 167

FlatChatFan: 147

daphne diaphanous: 137

Member Stats:

Guest Posters: 239

Members: 3102

Moderators: 1

Admins: 1

Forum Stats:

Groups: 4

Forums: 44

Topics: 3078

Posts: 14838

Newest Members: reamishra, SueP, Carole-Ann, sammygv, anneamigo1@gmail.com, zorg, Tim Morrison, rhea, Merton Kidd, noshirts

Moderators: Whale: 1444

Administrators: JimmyT: 3131