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Lady Penelope thank you for your comments, however if I could ask for further clarification?
You say that “the OC is fully responsible for the repair of the flooring if it is determined that the termites came from the common property and that the lot owner did not contribute to the problem themselves.” However the article from Margaret Miller seems to indicate that the OC is not responsible if they have taken preventative action.
Does it come down to the degree of preventive action by the OC that may have to be tested at court or a tribunal?
In our case we have now had an inspection and are taking remedial and preventive action, however prior to this we only had we had an inspection in 2016 and possibly 10 years prior to this. The 2016 inspection was clear of pests but the contractor suggested installation of a baiting and monitoring system which was not followed. On the basis of this the OC would be appear to be liable, and some of us on the committee believe that the OC should repair the floor but others are adamant the OC will not pay and want get legal advice. I would prefer to avoid this expense and hassle.
Can you or others point us to a more definitive guide in NSW ie. legislation, codes, guidelines or precedents?