Section 62 of the Strata Schemes Management Act 1996 (NSW) does not impose on an owners corporation a duty to conduct expert assessments of common property or to upgrade materials to contemporary safety standards where the property is functioning as intended. The obligations of maintenance and repair in s 62(1) and (2) are directed to keeping common property operational and restoring defective or damaged property. The reference to 'safety' in s 62(3) imports an obligation of reasonableness, not absolute safety. The question whether an owners corporation has breached its duty of care remains governed by the ordinary principles of occupiers' liability, including whether the owners corporation knew or ought to have known of the risk.
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