› Flat Chat Strata Forum › Common Property › Building on exclusive-use common property › Current Page
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.
“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.