Current Page

[chak]

1. When the OC decide on a special levy of $3000 per unit (36 units) for legal fee to take the Developer to court for not attending to repairs to units and block, what will happen if a unit is unable to come up with such a big amount?

2. If a comprehensive report on all defects is done and given to the Developer 1 1/2 year before the Homeowners Warranty expired, will he still be bound by repairing the defects even after the Homeowners Warranty expired?

 

Thanks

Chak

Topic

[Jimmy-T]

If a majority on the Owners Corporation has agreed to the special levy then you have no option but to pay it (however, it should be calculated on unit entitlements, not “per unit”).  If you have trouble raising that kind of money, talk to your treasurer and secretary about spreading the payments over several months, hopefully without incurring the 10 percent penalty interest for late payments.  Rest assured you will not be the only person in this position.

On the question of the warranty, if the claim has been lodged before it runs out, then the developer or builder still has to address it.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote

[chak]

Thanks JimmyT for the information.

We are in a situation whereby we have in hand a building defects report on all units and the block produced by a professional firm. We have given a copy to the developer but unfortunately he has not responded to either our strata management or the consultanting firm for briefing and discuss. Any advice as to what should be our next move that is effective to get the repairs moving. Anybody out there who has experienced the same and successful in their quest, please let us know. Is solicitor the only option?

Quote

[Author]

Replies