The Tribunal held that the owners corporation's strict duty under SSMA s 106 to maintain and repair common property extends to establishing properly-provisioned and funded pre-emptive investigation and remediation programmes once a foreseeable risk of structural failure (here, flyash-loaded ceiling collapse) is identified in expert reports, and that chronic failure over six years to act on such reports constituted a breach justifying appointment of a compulsory strata manager under s 237 for 12 months with full powers. The Tribunal further held that lot owners were justified in refusing consent to a common property rights by-law that sought to transfer the OC's strict statutory maintenance obligations onto them, and that the OC's cross-application to compel such consent was dismissed. Specific work orders were declined because the quoted scopes of work were not sufficiently established as matching the precise content of the OC's duty, with the compulsory strata manager instead empowered to determine and implement the appropriate remediation programme.
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