For example, if you are considering purchasing an apartment, it may be wise to include a weathertightness assessment of the entire complex. As Otway has seemingly created a common responsibility for building elements contained within individual property, this is fraught with practical difficulties given that defects might be within private property to which you have no access. As always, it’s important to carry out thorough due diligence (including viewing Body Corporate minutes) and seek legal advice before purchasing an apartment. Body Corporate committees should also seek legal advice around cost apportionment given the lack of clarity that Otway creates. We welcome your views and feedback on this decision and how it might affect you. If you have any questions, feel free to contact one of our team.
ABOUT THE AUTHORS
Julia Batchelor-Smith Senior Associate
Frank Brown Solicitor
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