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We are 18 months into our first 2 years of living at a new apartment block.
Initially the welcome pack said to forward all defects to building manager, then the developer changed the instructions after a few weeks to say send it to the customer services email address. Customer services are part of the development arm of the business – a different department to building management. Even though both are departments within the parent company they don’t exchange information.
Our predicament is, the EC should oversee common property issues. But the developer is not forthcoming with the list. So the developer is fixing them and signing off on their own work – or getting lot owners to sign off on common property issues e.g. to windows etc. Also the developer hold the opinion that common property is everything up to the door of a lot owner.
The strata manger who was appointed by the developer has been negligent in their execution of services during the past 4 months. When we asked him do we have a right to access these common property defects – he answers ‘that’s a good question to take to the defect lawyers’ . He also gloats at his years of experience – but our question to him seem to be profound.
Does anyone know – do we have a right to access the common property defects recorded by the developer?
Thanks in advance
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@cellblock said:
Do we have a right to access the common property defects recorded by the developer?
As far as I know, you would only have that right if the developer had passed it on to the strata manager or if the strata manager or building manager had passed it on to the developer. In either case, you would be entitled to see them as they have been handled by people who are effectively your representatives.
Bigger picture, this is as dodgy as Hell. I think you are probably being led up the garden path by your developer who is doing minor patch-ups while the clock runs out on defect claims.
Also, the strata manager should not have been appointed by the developer (although you will probably find they were approved at your first AGM).
Your committee needs to agree to spend money on a defects check and put in a comprehensive claim as soon as possible.
The fact that the developer is telling you that common property ends at the unit’s front doors – it doesn’t – suggests they are either fools or liars (or both). Also, individual owners can’t sign off on common property repairs. Well, they can but it counts for nothing.
It sounds very much like you are being ripped off with the knowledge and complicity of your strata manager. They need to be reminded who pays their bills, and told to start acting professionally and think more about their responsibilities and less about the next gig they are going to get from the developer.
Get yourselves a good specialist strata lawyer as a matter of urgency – you only have six months in which to make a claim for defects (apart from those that would make the building or a unit uninhabitable).
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Not surprised. At least one of our biggest developers has been at this for years, presenting themselves as a “one-stop shop” that will solve all your problems.
However, they will toe the line if you tell them to cut the crap and stop trying to get round the law. Their reputations are still worth something and they know people are waiting to jump on them for the ducking and diving that less savvy owners let them away with.
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