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In a NSW Supreme Court case an Owners Corporation was held liable for repairs and maintenance works, legal fees and substantial damages in favour of a lot owner as a result of its failure to properly repair and maintain the common property of a strata building in a timely fashion.
The ruling included a mandatory injunction for rectification and loss of use damages of $150K with additional damages of $250K if repairs not performed within 3 months.
The ruling made it explicit the strict duty to repair and maintain Common Property. It stated that this duty is not one to use reasonable care to maintain and keep in good repair the Common Property, nor one to use best endeavours to do so, nor one to take reasonable steps to do so, but a strict duty to maintain and repair the common property without delay.
Reference https://www.stratafinance.com.au/
