Part 19 published on 01/09/07
Strata Corporation generally fulfilled its repair and maintenance obligations
One of the Strata owners sought a declaration that the respondent Strata Corporation was in breach of its duty to repair and maintain the common property.
The Court said that the Strata Corporation had generally fulfilled its obligations. The Court said that the corporation’s repair and maintenance obligations are not strict duties. Rather, the corporation’s obligation is to make reasonable efforts to perform its duties. The Court said that the corporation’s duties are “tempered by reasonableness”. The Court said: “Every Strata Corporation faced with problems of water ingress must rely upon and be guided by advice received from professionals. In this case, competent professionals were hired, albeit by the Administrator, and their recommendations were followed.”
The Court did say, however, that the Strata Corporation had failed to meet its obligations in one respect. In particular, the Court said that the Strata Corporation should have obtained an expert assessment of the building envelope at an earlier date.