Re: Home Building Act s.48

Thanks – I understand that. But I don’t see how lodging a claim listing the still-existing defects can entitle a strata to any greater benefits than it was entitled to previously, if for example the building was five, six or more years old. If it was out, or almost out of warranty under the old system it was always open to the owners corporation to institute legal action against the builder or developer for defects not rectified. 

What seems to have happened is that the rush of claims has now been bogged down in the legal process – directions hearings, adjournments, hearing dates months ahead and in the meantime cessation of any defect work going on. It has always been a tough decision between relying on the good offices of a developer to make good defects, and seeking certainty by instituting legal action that would invariably alienate the developer. It is not clear to me that these actions have provided any greater certainty. And the legal costs don’t stop at the $1000 for lodging the claim!