Re: Fair Trading/NCAT – Order to repair common property – any positive outcomes

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07/05/2017 at 8:00 pm #26998
Lady Penelope
Strataguru

    The fact that under the new Act an owner may now sue the OC for breach of statutory duty to repair the common property if they have suffered a reasonably foreseeable loss may be a ‘wake up call’ to those owners who lack motivation.  

    Please read the following opinion from Moray and Agnew Lawyers, particularly the final comment about SSMA 2015 [s106(4)].

    https://insurance.moray.com.au/publication/strata-plans-cannot-be-liable-to-lot-owners-for-failure-to-maintain-common-property-for-the-moment/