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2. Non-Residential Purposes Means No• OC / BC employees• Commercial lots in a scheme• On-site letting agent• Lots used as home businesses• Lots used for short term
accommodation• Communication towers /
satellite dish / advertising signs• Paid workers temporarily on
3. Residential Strata Have Strict Liability For Repairs & Maintenance
Seiwa case principles for OC / BC’s:1.Must means ‘must’2.Proactivity required3.Fix defects first, sue later4.Applies to all the common property5.Lot owners can sue for breach
6. Strata Officers Must Be Proactive“An officer of a PCBU must exercise due diligence to ensure that the PCBU complies with its duties and obligations” 1.Keep up to date2.Understand operations3.Eliminate or minimise risks4.Process information5.Supply resources and processes 6.Verify provision and use of resources and processesS.27 WHS Act 2011