To summarize the standing or capacity of an individual owner to sue the strata corporation of which that owner is a member is limited by the Act to two possibilities. Firstly an owner may sue the strata corporation under section 164 of the Act in cases where the actions of the strata corporation have been “significantly unfair” to the plaintiff as opposed to other owners 171. Secondly, there is a limited exception to the traditional rule that only a strata corporation may sue regarding matters affecting the strata corporation and that exception, following the decision in Hamilton v. Ball, is to allow an owner to sue for only their proportionate share of common property where a third party causes injury to that property.
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