#35637
Jimmy-T
Keymaster

    The Owners Corp has an absolute duty to repair and maintain common property, regardless of whose fault it is.  The ongoing debate over flammable cladding proves that even if it’s not the OC’s “fault”, it’s ultimately their responsibility.

    So, if you can establish that similar flaws have been repaired by the OC previously (indicating that it was accepted as a defect in common property) then you can offer them the two options – either they fix it, expediently, or they refuse, you take them to the Tribunal, they waste money on lawyers and strata managers … and then they fix it (and you don’t have to pay a share of the costs of them defending your case).

    If you want get bush lawyer on them, quote Section 106 and  Section 232 of the Act  

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.