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Hi Ferris
I am not an expert but the advice given to me was from one.
At the time the significant information was the original Strata Titles ACT No 68 1973
I think this was the section referred to:
58
(9) The proprietor for the time being of a lot in respect of which a by-law referred to in subsection (7) is in force—
(b) is, unless excused by the by-law, responsible for the performance of the duty of the body corporate under section 68 (1) (b) (i) in respect of the common property, or the part of the common property, to which the by-law relates.
The change occurred in the Strata Titles ACT No 147 1987 Act
SCHEDULE 1—AMENDMENTS TO THE STRATA TITLES ACT 1973
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN RELATION TO COMMON PROPERTY
But as in all cases if there is a dispute of significant costs get professional advice some that replies on this web are but I am not.
I had the same concerns as you after reading this tread before your entry and raised
– See more at: http://www.flatchat.com.au/forum/common-property/old-but-current-versus-new-responsibilities/#p10230
That does not answer your question but should help