› Flat Chat Strata Forum › Common Property › EC members’ personal liability for failure to maintain common property › Current Page
11/04/2016 at 8:04 pm
#24751
A failure by an Owners Corportion (O/C) or its Executive Committee to properly maintain the common property has no effect under the current Act unless under an Order of the NSW Civil & Administrative Tribunal, and consequently I’m inclined to the opinion that the two (2) year “window” within which an O/C may be sued by an Owner for a breach of those responsibilities will commence upon gaxettal of the proposed new Act (2016?).
Retrosectivity of legislative provisions are uncommon, so save clarification by the drafters of the Bill, I guess we’ll have to wait and see, and hope for an Act that’s free of ambiguities.