38. Cost recovery for work by strata corporation

Where the strata corporation does any repair, work or act which it is required or authorised by or under this Act or any other written law to do, whether or not the repair, work or act is done pursuant to any notice or order served on it by a relevant authority, but the repair, work or act is substantially for the benefit of one unit only or is substantially for the benefit of some of the units only or benefits one or more of the units substantially more than it benefits the others or other of them, any expense incurred by it in doing the repair, work or act shall, subject to subsection (2), be recoverable by it as a debt in any court of competent jurisdiction.

If any Court considers that it would be inequitable to apportion in accordance with subsection (1) the amount of the debt in proportion to the unit entitlements of the last-mentioned units, it may apportion that amount in relation to those units in such shares as it thinks fit, having regard to the relative benefits to those units.