The recent appeals Court ruling on repair and maintenance of common property could have a bearing on this issue, says strata lawyer Beverley Hoskinson-Green of Makinson d’Apice.
Part of the ruling in what is becoming known as the Thoo case, said that a breach of statutory duty by an Owners Corporation does not give an owner or occupier a right to sue the Owners Corporation for damages.
“It seems to me that, if a disadvantaged owner is not entitled to bring an action for damages against an owners corporation to recover loss suffered as a result of the failure of the owners corporation to carry out its mandatory statutory obligations, why would a disadvantaged owner be in any better position where the owners corporation is carrying out its mandatory repair obligations?’ asks Beverley.
You can read her summary of the Thoo case and its implications HERE