New South Wales Consolidated Acts
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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 106
Duty of owners corporation to maintain and repair property
106 Duty of owners corporation to maintain and repair property
(1) An owners corporation for a strata scheme must properly maintain and keep
in a state of good and serviceable repair the common property and any personal
property vested in the owners corporation.
(2) An owners corporation must
renew or replace any fixtures or fittings comprised in the common property and
any personal property vested in the owners corporation.
(3) This section does
not apply to a particular item of property if the owners corporation
determines by special resolution that--
(a) it is inappropriate to maintain,
renew, replace or repair the property, and
(b) its decision will not affect
the safety of any building, structure or common property in the strata scheme
or detract from the appearance of any property in the strata scheme.
an owners corporation has taken action against an owner or other person in
respect of damage to the common property, it may defer compliance with
subsection (1) or (2) in relation to the damage to the property until the
completion of the action if the failure to comply will not affect the safety
of any building, structure or common property in the strata scheme.
owner of a lot in a strata scheme may recover from the owners corporation, as
damages for breach of statutory duty, any reasonably foreseeable loss suffered
by the owner as a result of a contravention of this section by the
(6) An owner may not bring an action under this section
for breach of a statutory duty more than 2 years after the owner first becomes
aware of the loss.
(7) This section is subject to the provisions of any
common property memorandum adopted by the by-laws for the strata scheme under
this Division, any common property rights by-law or any by-law made under
(8) This section does not affect any duty or right of the
owners corporation under any other law.
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