Is it absolutely clear here these are building defects and as a result should be covered under building insurance – are there grey areas?
They are defects in common property and that’s al you need to know. The Owners Corp is legally obliged to get them fixed. If they are “building defects”, i.e. they are the result of poor construction, up to the first six years, the Owners Corp can demand that the builder fix them.
According to fair trading, this falls under body corp but I assume building warranty would be executed first. https://www.nsw.gov.au/housing-and-property/strata/living/repairs-and-maintenance.
Correct – but time is running out for you if the block is already six years old.
If everyone refuses responsibility, can the dept of fair trading step in?
No. Fair Trading doesn’t take action in these cases. Owners take action at the tribunal (NCAT) but first need to seek mediation at Fair Trading. If your Owners Corp is not taking action then you and other owners have to do it.
I have a building manager and it is my understanding this is hired by the body corp to take care of issues like this? Is that their role, are they suppose to advocate on my behalf?
The building manager does what the committee/owners corp wants them to do. If the committee and/or building manager is in cahoots with the developer, that is just as likely to be covering up defects as it is getting them fixed.
How do I find out whether other properties in the complex have the same issues, can strata tell me?
You can arrange to go to your strata manager’s office (by appointment) and look at all the correspondence from other owners. It costs about $35. You can also ask to see their addresses and email addresses and you can write to them and ask if they have noticed any issues and what happened when they reported them. Your strata manager may refuse to give the addresses to you citing privacy. This is total BS and you should point out that Privacy laws don’t apply to owners corporations.
I don’t mean to be insulting, but judging by your questions and clear lack of understanding of the processes and pitfalls facing you, you really need to get professional advice and do so soon before the six-year warranty period runs out.
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Judging by what you have said, you are being deliberately misled by your building manager and that makes me think they might be more concerned about keeping the developer happy than looking after apartment owners.