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There was a statutory duty on the Owners Corporation to repair common property (section 62(1) of the Strata Schemes Management Act 1996 (NSW)) but no automatic right to damages. Damages for breach of this statutory duty under the new legislation are now automatic. The Owners Corporation will not be under an obligation to repair if it has commenced proceedings against the owner for damage to the common property. For further Owners Corporation Legal Advice please contact a specialist strata lawyer at Matthews Folbigg.