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\[33\] \[34\].