› Flat Chat Strata Forum › Common Property › Fair Trading/NCAT – Order to repair common property – any positive outcomes › Current Page
Further points to consider may include the following.
An action for damages for an owners corporations breach of statutory duty must be brought within 2 years of the owner becoming aware of the loss: s. 106(6) Strata Schemes Management Act, 2015.
However, the Act does not derogate from any rights or remedies which an owner may have in relation to any lot or the common property: s. 253(1). It would appear, therefore, that an owner can apply to the Supreme Court for an order (in the nature of mandamus) requiring the owners corporation to repair. It would also appear that the owner can sue the owners corporation in negligence and/or nuisance to the extent that the owner has suffered loss.
The Registrar of NCAT cannot accept an application unless mediation has been attempted but has been unsuccessful or a party has refused to participate in the mediation: s. 227(1).
If anyone has further thoughts I would be delighted to hear of them.