13.— (1) Subject to subsection (2), where the effective maintenance or management of the common areas of a multi-unit development so require, the owners’ management company shall have a right to carry out repairs or maintenance on a part of a relevant multi-unit development which is not in their ownership or control where such repairs are reasonably necessary to ensure the safe and effective occupation or the peaceful enjoyment of occupation of any unit or units in the development, and such right shall include the right of access for such purposes to or through any part of the multi-unit development not in common ownership.

(2) An owners’ management company shall not carry out repairs or maintenance pursuant to subsection (1) unless it has—

(a) requested the person who had responsibility for carrying out such repairs or maintenance to do so, and

(b) afforded such person a reasonable opportunity to carry out the repairs or maintenance.

(3) Subsection (2) shall not apply where it is essential that the repairs or maintenance concerned be carried out in the shortest possible period, so as to reduce or minimise any loss to the owners’ management company or the owner or occupier of a unit in the development.

(4) Where expenditure is incurred pursuant to subsection (1) the owners’ management company may recover such expenditure from any person (including the developer) who had responsibility for incurring such expenditure or carrying out the repairs and maintenance concerned.