Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:46)
Part 13 Division 2
Division 2 Other proceedings
253   Other rights and remedies not affected by this Act
(1)  Nothing in this Act derogates from any rights or remedies that an owner, mortgagee or chargee of a lot in a strata scheme or an owners corporation or covenant chargee may have in relation to any lot or common property apart from this Act.
(2)  In any proceedings to enforce any such right or remedy, the court in which the proceedings are taken must order the plaintiff to pay the defendant’s costs if the court is of the opinion that, having regard to the subject-matter of the proceedings, the taking of the proceedings was not justified because this Act or Part 4 of the Community Land Management Act 1989 makes adequate provision for the enforcement of those rights or remedies.
(3)  The defendant’s costs are to be as determined by the court.
254   Owners corporation may represent owners in certain proceedings
(1)  This section applies to proceedings in relation to common property.
(2)  If the owners of the lots in a strata scheme are jointly entitled to take proceedings against any person or are liable to have proceedings taken against them jointly, the proceedings may be taken by or against the owners corporation.
(3)  Any judgment or order given or made in favour of or against the owners corporation in any such proceedings has effect as if it were a judgment or order given or made in favour of or against the owners.
(4)  A contribution required to be made by an owner of a lot to another owner in relation to the judgment debt is to bear the same proportion to the judgment debt as the unit entitlement of the contributing owner bears to the aggregate unit entitlement.
255   Structural defects—proceedings as agent
(1)  An interested person may take proceedings for the rectification of the condition of a part of a building, or a part of the site of a building, if that condition affects or is likely to affect the support or shelter provided by that part to any other part of the building or its site.
(2)  The proceedings may be taken only if—
(a)  they could have been taken by an owner of a lot or by another person in whom is vested an estate in fee simple in a part of the building or its site, and
(b)  they have not been taken by the owner or other person within a reasonable time.
(3)  The proceedings are taken by an interested person as agent for the person who might have taken the proceedings and at the cost of the interested person.
(4)  In this section, interested person means—
(a)  the owners corporation for the strata scheme for the building or, if part of the building is included in a part strata parcel, of any strata scheme for part of the building, or
(b)  the lessor, in the case of a leasehold strata scheme, or
(c)  any person in whom is vested an estate in fee simple or, in the case of a leasehold strata scheme, a leasehold estate, registered under the Real Property Act 1900 in any part of the building or its site that is not included in a part strata parcel.