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The balustrades of our balconies have fretwork that is a climbing opportunity for children. I caught my friend’s 4 year old climbing the fretwork and nearly died of fright myself when I realised the potential injury/death situation. I have raised the matter twice with strata committee. My concern has not been minuted by the management at the meetings.
The current (2016) maintenance cost summary (which was not conducted on-site) states ‘balustrades to be replaced 2036’. The committee agrees, in principle, that this date is ridiculous but have voted DOWN a quote of $750 to get an updated maintenance schedule. I was hoping this updated schedule would point out this safety matter and the fact that all the railing gaps also don’t comply to current standards.
Note, also, this committee has not had the common property painted for 20 years. I have only lived here 6 months, tried to get some action going on things. Very uphill battle. I’ve basically given up on all pursuing common property matters but this safety matter is of great concern to me.
What risks are posed to me, as an owner, and separately what risks are posed to our O/C if the balustrades are left as is?
Is the O/C open to being sued if an injury or death occurs as a result of a child climbing the fretwork and falling or a person falling through the balustrade?
Where am I left as a lot owner if there is injury or death from someone else’s balcony or there is injury/death from my balcony and I have tried to update the balustrade?
Can letters of correspondence from me to the committee, raising this concern, help me avoid being sued in future?
I am secretary on the committee but the owners in our complex fight so much that our managers run everything. The committee doesn’t want me doing anything.
Background notes: The committee has voted at last AGM to NOT get a formal safety audit (I voted for it).
they voted against a safety audit,
they voted against an updated maintenance schedule.
common property painting hasn’t been done for 20 years.
other repairs are looming
I am sure they will NOT vote to prioritise replacement of balustrades.
thank you in advance.
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