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One unit of three in our block extended their floor area by excavating into the common property at the rear of their unit. This was done with the agreement of the other units, which included a requirement to properly maintain the drainage so affected. There was not anything like a special resolution. When the strata plan was re-issued, the excavated area was included in the relevant l ot. Now, damp is entering that unit from the excavated area. It appears that required waterproofing and a drain that are shown on the engineering drawings were not installed. That unit now seeks the Owners Corporation to rectify both the need for drainage and repair their unit. The 76% entitlement other owners don’t see this as quite fair. The issue is how absolute is the sec. 62 obligation on the Owners Corporation to maintain the common property and repair the damage which flows from the work done by that unit?
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