Unit Titles (Management) Act 2011

This section applies if a building, or the site of a building, that is part of the units or common property of a units plan, has a structural defect that affects, or is likely to affect, the support or shelter provided by that part of the building or site to another part of the building or site.

The owners corporation for the units plan may, by ordinary resolution, take legal action for the rectification of the structural defects if—

the legal action could be taken by a member of the corporation; and

the member does not take the legal action within a reasonable time after the defect becomes known.

If the owners corporation takes legal action under this section—

the corporation and not the member who could have taken the action is liable for the costs incurred by the corporation in taking the legal action; and

the corporation and not the member may take the benefit of any order for costs in the corporation’s favour in the legal action.

For this section, the owners corporation takes legal action if the corporation—

begins a proceeding; or

continues a proceeding.