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A failure by the executive committee or owners corporation to maintain common property is a breach of the current Act. It does not just become a breach if an NCAT order is issued. It is also a breach of common law as per multiple Supreme Court rulings.
Under the new Act any breach of the law that occurred in the previous 2 years is deemed to have occurred under the new Act. Any breach of the law that occurs under the new Act gives rise to a cause of action for damages. A breach that occurs today will therefore entitle an owner to claim for damages the day the new Act comes into force.
If it wasn’t intended to work that way Section 3 of Schedule 3 of the new Act would not have been included. It would have stated that the provisions of the new Act only apply to breaches that occur after the commencement of the new Act. But they say the exact opposite.