An owners corporation cannot refuse a lot owner access to common property services (such as an exhaust ventilation system) under its power of management and control, even if the system is overloaded, because the overloaded state itself constitutes a breach of the mandatory duty to maintain and replace under s 62 of the Strata Schemes Management Act 1996. The duty to renew or replace under s 62(2) extends to adding new components to increase system capacity. The destruction of a lot owner's equitable rights in common property by refusing access constitutes an expropriation within the Gambotto principles.
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