Body Corporate Legal Obligations
Summary
Ensuring Work Health and Safety in Strata Schemes: Legal Obligations for Bodies Corporate The recent prosecution of a strata scheme after the tragic death of a man in New South Wales is a sobering reminder for Bodies Corporate of the critical need to uphold legal obligations and ensure the safety of common property areas. In June 2020, a heavy industrial gate in a NSW strata scheme was damaged and subsequently handled incorrectly by the Owners Corporation, leading to the death of the 64-year-old man. The court found that the Owners Corporation had failed to take necessary steps to secure the gate, conduct a risk assessment, and communicate the dangers to residents and visitors. This includes maintaining common property, providing safe access, and promptly addressing any risks that arise. The case of the NSW strata scheme illustrates how neglecting WHS duties can lead to tragic outcomes and significant legal consequences.