The Owners Corporation is under an obligation to maintain common property in good condition.
The NSW Supreme Court in the case of Seiwa Australia Pty Ltd v Owners Strata Plan 35042 [2006] held that this duty to maintain common property is a strict duty which can be enforced by individual lot owners.
Obviously it is best for everyone if the OC can be made to understand the obligation which they are under without the need for legal action. However, when necessary an individual lot owner can seek orders in the CTTT to compel the OC to fulfil its duty.
Kind regards,
Daniel Dimock
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
https://www.teyslawyers.com.au