The air conditioning system in the unit owned by the applicant was not operating. While the owners corporation acknowledged that it would usually be responsible for the repair and maintenance of the air-conditioning unit, in this instance the owners corporation refused to repair the air conditioning unit as it believed that damage had been caused…
Lemmon v Body Corporate Units Plan 37 CS 20829 of 2002 – Small Claims Court of ACT Magistrates Court
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to apply.
It was further found that the owners…