A lot owner in a strata scheme may sue the owners corporation in common law nuisance or negligence for failure to repair common property, notwithstanding the dispute resolution mechanisms in Ch 5 of the Strata Schemes Management Act 1996 (NSW). Section 226(1) preserves such common law rights. The decision in Thoo is confined to the proposition that the owners corporation as trustee does not owe positive duties to lot owners as beneficial owners of common property; it does not exclude general law duties owed to lot owners in their capacity as lot owners. The expression 'dealt with' in s 21 of the SSFD Act refers to conveyancing dealings, not to maintenance and repair obligations.
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