109Duty of association to maintain and repair property

109 Duty of association to maintain and repair property

109 Duty of association to maintain and repair property

(1) An association must properly maintain and keep in a state of good and serviceable repair the association property and personal property vested in the association, including any open access ways or private access ways.

(2) An association must renew or replace fixtures or fittings comprised in the association property and personal property vested in the association.

(3) This section does not apply to a particular item of property if the association 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 a building, structure or association property in the scheme or detract from the appearance of property in the scheme.

(4) An association may defer compliance with this section in relation to damage to association property until after the taking of action if—

(a) the action is taken by the association against an owner or another person in relation to the damage, and

(b) the deferment will not affect—

(i) the safety of buildings, structures or association property in the association scheme, or

(ii) a person’s access to or use of the association property or a lot in the association scheme.

(5) A member of an association may recover from the association, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the member as a result of a contravention of this section by the association.

(6) A member of an association may not bring an action under this section for breach of a statutory duty more than 6 years after the member first becomes aware of the loss.

(7) This section is subject to the provisions of any by-law made under this Act.

(8) This section does not affect a duty or right of the association under another law.

s 109: Am 2024 No 53, Sch 1.4; 2025 No 14, Sch 2[33] [34].