(b) incur a
debt for an amount that exceeds the amount then available for repayment of the
debt from its administrative fund or its capital works fund,
(a) as a debt, any amount for which the owners corporation is
liable because of a contravention of subsection (1) (b), together with the
expenses of the owners corporation incurred in recovering that amount, and
(b) as damages for breach of statutory duty, any loss suffered by the
owners corporation as a result of any other contravention of this section.
(3) An owner may recover, as damages for breach of statutory duty, any loss
that has been suffered by the owner as a result of a contravention of this
section (other than subsection (1) (b)).
(4) It is a defence to an action
under this section in debt or for damages if it is proved that the
original owner--
(a) did not know of the contravention on which the action is
based, or
(b) was not in a position to influence the conduct of the
owners corporation in relation to the contravention, or
(c) used due
diligence to prevent the contravention.
(5) A remedy available under this
section does not affect any other remedy.