106Duty of owners corporation to maintain and repair property

#### 106 Duty of owners corporation to maintain and repair property 106 Duty of owners corporation to maintain and repair property > > (1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. > > > (2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation. > > > (3) This section does not apply to a particular item of property if the owners corporation 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 any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme. > > > (4) An owners corporation may defer compliance with subsection (1) or (2) in relation to damage to common property until after the taking of action if— > > > > > (a) the action is taken by the owners corporation 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 common property in the strata scheme, or > > > > > > > (ii) a person’s access to or use of the common property or a lot in the strata scheme. > > > (5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation. > > > (6) An owner may not bring an action under this section for breach of a statutory duty more than 6 years after the owner first becomes aware of the loss. > > > (7) This section is subject to the provisions of any common property memorandum adopted by the by-laws for the strata scheme under this Division, any common property rights by-law or any by-law made under section 108. > > > (8) This section does not affect any duty or right of the owners corporation under any other law. > > **s 106:** Am 2025 No 14, Sch 1\[36\] \[37\].