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Thanks Jimmy – T.
I really appreciate your input and I haven’t given up yet and will pursue this matter
I just came accross this interesting acticle published by JS MUELLER & CO LAWERS FORUM 31.07.18 Which states in part;
The law changed on 30 November 2016 when the Strata Schemes Management Act 2015 finally commenced operation. The new Act introduced a new section 106 which provides to the effect that a lot owner can now recover damages from an owners corporation for losses suffered by the lot owner caused by the owners corporation’s breach of section 106.
The relevant parts of section 106 in the new Act are:
106 Duty of owners corporation to maintain and repair property
(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.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
(6) An owner may not bring an action under this section for breach of a statutory duty more than 2 years after the owner first becomes aware of the loss.
Section 106(1) and (2) simply re-state the law that was set out in section 62(1) and (2) of the old Act. Section 106(5) and (6) are new law.
Section 106(5) creates the new cause of action (or right to recover damages) for breach of the statutory duty in section 106.
From my understanding of the above changes in this new legislation, I may be able to recover my cost for repairs for the water damage caused to my Lot by the failure to properly maintain Common Property through NCAT by way of an Order made against the Owners Corporation.
Do you or other Forum members have any thoughts or recommendation on this?