Alldis & Cox (Coogee) Pty Ltd

SP2004 · 58 CARR STREET COOGEE, COOGEE

LAND LAW – STRATA MANAGEMENT – incidence and content of owners corporation’s strict duty to maintain and repair common property – meaning of maintain and repair - lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property – owners corporation’s strict liability for independent contractors - approval of works – by-law inconsistent with duty – Strata Schemes Management Act 2015 (NSW) ss 106, 108-110, 127, 232, 270 COSTS – ordinary basis – follow the event or issue based – voluntary payment of part of claim after commencement of proceedings – Calderbank offers inclusive of costs for balance of claim

SP2004 · 58 CARR STREET COOGEE, COOGEE

REAL PROPERTY – STRATA MANAGEMENT – incidence and content of owners corporation’s strict duty to maintain and repair common property – meaning of maintain and repair - lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property – owners corporation’s strict liability for independent contractors - approval of works – by-law inconsistent with duty – Strata Schemes Management Act 2015 (NSW) ss 106, 108-110, 127, 170

SP61321 · 3-5 FREEMAN ROAD CHATSWOOD, CHATSWOOD

LAND LAW – Strata title – Common property - Maintenance and repair of common property – Compensation for breach of owners corporation’s obligation to maintain and repair common property – Time limit in s 106(6) of the Strata Schemes Management Act 2015 may not be extended by the Tribunal pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 LAND LAW – Strata title – Common property – Maintenance and repair of common property – Compensation may be awarded for damage to floating timber floors installed without the approval of the owners corporation – No reason to conclude floors would have been required to be removed if not damaged – No reason to conclude approval would not have been given, or that application for approval could have been reasonably refused LAND LAW – Strata title – Owners corporation — Contributions by owners – Tribunal has no jurisdiction to make an order declaring that a lot owner does not owe money to the owners corporation