Hi Lyn
There are a couple of things to note.
Firstly, you should review your contract of sale to determine if there is any provision addressing windows specifically or the condition of the unit generally and giving you an action for breach of contract.
Secondly (and this is connected to the first point), there is usually a defects liability period under the building contract between the developer and the builder whereby the builder is required to come back to fix defects which are reported within the first 6 or 12 months following completion (the length of the defects liability period will depend upon the building contract). This enables a developer to force a builder to fix defects for free in the period and consequently, it is important to push the developer on this point as this is the quickest way of getting things fixed.
I would by-pass the building manager and deal directly with the developer to ensure the message is being passed properly.
In the event, neither of the above are available, you'll need to look to an action in the CTTT for breach of statutory warranties against both the builder and developer.
Please bear in mind the amendments to the Home Building Act which will come into force in or about February 2012 which may limit your right to sue for the windows (ie you need to commence court or CTTT proceedings within 2 years of completion).
Let me know if you have any questions.
Regards
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