This is a short discussion on one of the points from the recent NSW Court of Appeal decision in The Owners – Strata Plan No. 74232 v Tezel [2023] NSWCA 35 and in particular the time limit on when claims can be made for a lot owner’s loss due to the owners corporation’s failure to maintain and repair the common property.
Thoughts from a strata lawyer ... 
Hi Allison,
Your recent video post about Strata Plan No. 74232 v Tezel [2023] NSWCA 35 was very interesting. I am unfortunately in a similar situation whereby my unit has been vacant since February due to water ingress, and the OC has been very slow in approving works for what is a highly defective building and, to date, still, no authority to proceed with the works. I have already lodged an application for mediation with the Dept of Fair Trading, and mediation is now set for October 3. As I am already finding it difficult to service the mortgage due to lack of rent, I am now concerned that this may drag on to an untenable point. Given the timelines provided, do you believe that I will be legally entitled to rental compensation back to February? Should I seek legal advice before mediation? Your feedback would be greatly appreciated.
Cheers,
Ely