In Michael Kerr v Owners Corporation, the appellant sought an order under sections 62 and 65A of the Strata Schemes Management Act 1996 for common property to be repaired by the Owners Corporation to comply with the Building Code of Australia. Given the dilapidated state of the property and the notice given to the Owner’s Corporation, the Tribunal found that the Owners Corporation failed to comply with s 62. The Owners Corporation was ordered to engage a licensed builder to remedy the defect.

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