A motion was proposed to install handrails on the common pathway… I asked the body corporate chairman when the handrails would be installed. He told me he was too busy to get quotes. Should I bypass the strata chairperson and request our body corporate management company to install the safety rails? – Donald, NSW
Q: In December 2020 our body corporate held its AGM.
A motion was proposed (and unanimously voted for) to install handrails on the common pathway so the frail and elderly would feel safer walking – especially in wet weather.
In March 2021 I asked the body corporate chairman when the handrails would be installed. He told me he was too busy to get quotes.
As we are approaching winter, I am wondering what liability we may be exposed to if an elderly person falls on the path – bearing in mind the risk was identified but not mitigated.
Should I bypass the strata chairperson and request our body corporate management company to install the safety rails?
A: If the motion was unanimously voted for, it will most likely be okay for quotes and installations to commence to install the handrails.
If you are getting quotes, remember to bring them back to your committee so that everyone is aware of the associated costs and that there are adequate capital works funds to support the project.
We also recommend looking into drafting a by-law for the renovations and disseminating notices to lot owners. This will help the project move along smoothly, and ensure residents of your strata scheme are aware that there may be noise and contractors during the date of installation.
For by-law drafting and registration for renovation and works, you may wish to use Kemp’s Petersons Legal services: https://picagroup.com.au/subsidiary/kemps-petersons-legal/by-laws/. Or if you would like help in organising and taking the stress from building works on your common property, be sure to look into project coordination services from BFMS: https://picagroup.com.au/subsidiary/bfms/project-coordination/