Section 106(1) of the Strata Schemes Management Act 2015 (NSW) … does not specifically impose a duty to keep the home unit habitable. It reads: (1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
Surely if common property defects are causing a problem in a lot then they are not “in a state of good and serviceable repair”. I relaise this may be harder to prove than if the law was clearer, but not impossible.