(4) If
an owners corporation has taken action against an owner or other person in
respect of damage to the common property, it may defer compliance with
subsection (1) or (2) in relation to the damage to the property until the
completion of the action if the failure to comply will not affect the safety
of any building, structure or common property in the strata scheme.
(5) An
owner of a lot in a strata scheme may recover from the owners corporation, as
damages for breach of statutory duty, any reasonably foreseeable loss suffered
by the owner as a result of a contravention of this section by the
owners corporation.
(6) An owner may not bring an action under this section
for breach of a statutory duty more than 2 years after the owner first becomes
aware of the loss.