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Unit Titles (Management) Act 2011
27Structural defects—owners corporation may represent
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27 Structural defects—owners corporation may represent
members
(1) This section applies if a building, or the site of a building, that is part
of the units or common property of a units plan, has a structural defect
that affects, or is likely to affect, the support or shelter provided by
that part of the building or site to another part of the building or site.
(2) The owners corporation for the units plan may, by ordinary
resolution, take legal action for the rectification of the structural
defects if—
(a) the legal action could be taken by a member of the corporation;
and
(b) the member does not take the legal action within a reasonable
time after the defect becomes known.
(3) If the owners corporation takes legal action under this section—
(a) the corporation and not the member who could have taken the
action is liable for the costs incurred by the corporation in taking
the legal action; and
(b) the corporation and not the member may take the benefit of any
order for costs in the corporation’s favour in the legal action.
(4) For this section, the owners corporation takes legal action if the
corporation—
(b) continues a proceeding.