#21703
Anonymous

    The New South Wales Court of Appeal in The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270, has given new guidance on circumstances in which an owners corporation is required to renew or replace common property…..

    The important points from the latest Thoo case are these:
    1. The Section 62 (2) duty to renew or replace fixtures or fittings connotes no more than the installation of one thing in the place of another to achieve functional equivalence;
    2. Anything amounting to improved or enhanced functionality to lot owners requires a special resolution under Section 65 A;

     

    There is also another case i will post when i find it where the Supreme Court say renew or replace amounts to like for like – words to that effect. If the replace is “better” than that is an upgrade.