The duty under s 62(2) of the Strata Schemes Management Act 1996 to 'renew or replace' fixtures and fittings comprised in common property requires only functional equivalence with the system as it existed at the relevant reference point; it does not extend to installing additional or supplementary systems to provide capacity beyond the original design. A special resolution under s 62(3) determining renewal or replacement is 'inappropriate' requires only the passing of the resolution in prescribed terms, without the owners corporation needing to provide reasons or specifically form opinions on the matters in sub-clauses (a) and (b). Breach of s 62 does not give rise to a private cause of action for damages for breach of statutory duty, the legislature having intended the Chapter 5 dispute resolution regime to be the exclusive vehicle for enforcement. The first instance decisions in Lubrano, Seiwa, Lin and Nicita holding to the contrary should no longer be followed.
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