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Some individuals mistakenly try to determine the duty to perform a repair on the basis of whose insurance covers the problem. This is wrong. Whether the strata corporation, or an owner or tenant, or some or all of them have insurance has nothing to do with determining who is responsible to carry out a repair. The liability to carry out a repair is determined according to the Strata Property Act and the bylaws, as described in this chapter. For an illustration of the irrelevance of insurance to the duty to make a repair, see “Insurance v. Duty to Repair” in Chapter 16, Insurance.
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