#26523
Lady Penelope
Strataguru

    I have extracted a relevant detail regarding the issue that you have raised from my reading of the decision in The Owners Stata Plan No 6534 v El Khouri [2015] NSWCATCD 145 (4 December 2015). In my view the structure must be replaced at the OC’s expense.

    https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCATCD/2015/145.html?stem=0&synonyms=0&query=exclusive%20use%20and%20strata

    “Where work is carried out by or on behalf of an Owners Corporation in fulfilling its obligations under s 62 of the Act there is a collateral obligation to repair any damage caused to the property entered by the Owners Corporation or its contractors.”

    NB: [s62] of the SSMA 1996 is the duty of an owners corporation to maintain and repair. This duty is now found in [s106] of the SSMA 2015.