Boundaries of lots are ascertained by looking at the Plan of Subdivision. Unfortunately, the precise location of boundaries is not always clear to the untrained eye. Continue reading
Month: October 2014
Latent defects and builder’s responsibility to the OC
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & anor [2014] HCA 36, the High Court rejected the notion that a builder owes a duty of care to an owners corporation for pure economic loss arising from latent defects in common property. The case turned on whether the owners corporation was “vulnerable” in the relevant sense. The commercial nature of the development and the detailed contractual framework between the developer and the builder, and the developer and the purchasers of the lots that provided for how defects would be dealt with, were factors weighing against vulnerability.
OC not maintaining common property
Under the OC Act, the OC has a duty to the duty to repair and maintain the common property, fittings and fixtures and some equipment and services. Continue reading
Appointment of an administrator where the OC is dysfunctional
Where the OC is dysfunctional, it is possible to have an administrator appointed by the Tribunal to manage the affairs of the OC. Continue reading
Owners Corporations Law 