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[minklet]

I have found out this week that the building I bought into 6 months ago has a list of major defects that need addressing. The building is currently in the warranty period until November.

The most discussed is a list of fire safety equipment which was in the strata report as having been accepted by the builder last year, since then it has not progressed.

2 weeks ago I noticed some issues with my balcony, evidence of concrete spalling. I emailed my strata manager with details and asked her to call, she didn’t respond, so I opened a works order and my builder manager left a note saying she’s added it to the ‘defect spreadsheet’, and we spoke on the phone.

Apparently there are a series of defects, largely waterproofing and concrete, that are not being communicated to the building, and the builder has not come to the table in a long time. They seem to be waiting out the warranty. There was a committee meeting last week which had no notice given to any owners, and still hasn’t published minutes.

I emailed the strata manager again, expressing my frustration at the lack of communication, and she told me that the meeting was ‘informal’, and the issue of getting a defect report commissioned was unresolved, so they are looking at other legal options – no further information was given.

This sounds to me like one or more owners are trying to keep this off the record so they can sell. I’m very concerned that this is being swept under the rug, there’s no transparency about any of this on our building portal, and I don’t think anything would come up in a strata report. The only reason I know any of this is because I spoke to my building manager about another defect.

I don’t want to sell, as I’ve only just bought and will lose money. But I don’t know what else to do as this sounds like our warranty will expire leaving the rest of us owners with a special levy.

Is there anything I can do here? This is really stressing me out.

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[Mailbox]

November is very soon and with that in mind my only suggestion would be to get legal advice and don’t delay.

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[minklet]

Ok I spoke to the building manager this morning because I’ve still not had the minutes yet. She has told the strata manager to post the minutes up asap.

Fortunately the building manager is really on top of this and proactive, and she told me that the strata committee are actually really keen to get things sorted, but need quotes etc. But, while I don’t have any of this in writing, it does put to bed most of my fears of something dodgy going on, and our warranty period was calculated wrong, so we have more time now.

It still doesn’t bode well for the building, as there’s apparently a laundry list of defects being reported. I hope to get on the strata committee at the next AGM so I can be a bit more informed and help with this.

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[Mailbox]

Hi

That’s good to hear that you’ve  got more time.

We’re currently going through the process and have found it can take time. Due to the weather events this year the process just to get quotes and inspections undertaken was close to 6 months. So, know all critical dates and keep the momentum!

You’ve no doubt discovered there’s a number of good Flat Chat podcasts about major defects plus these links maybe of interest if you’re looking for things to read https://cityfutures.ada.unsw.edu.au/research/projects/defect-rectification/ and https://www.ncat.nsw.gov.au/case-types/housing-and-property/home-building.html

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[Bannermans Lawyers]

David Bannerman from Bannermans Lawyers here. I thought I would give some guidance in hope to assist you with your issue.

The owners corporation is responsible for addressing the common property defects and to this end please consider our Building Defects Handbook found on our website: https://bannermans.com.au/strata/building-defects-handbook

Assuming it is a new building, to preserve the 6 year warranty against the builder or developer, the scheme will need to commence it’s litigation in NCAT or a court within the period of the 6 year period which commences from the first occupation certificate for the building.

Feel free to forward the first occupation certificate for the whole building (interim, if available) so that we can check to see if a warranty is about to expire.

If you are unaware of the date or existence of the interim occupation certificate, I suggest you make enquiries in this order to see if an interim occupation certificate was issued:

1. Certifier who issued the final occupation certificate.
2. Local Council, as they are supposed to be provided with the interim occupation certificate from the private certifier, but sometimes the private certifier forgets to do this.
3. Committee members who purchased off the plan.
4. Developer.

We can then provide a proposal to the scheme for some urgent assistance if you like.

Hope this helps and talk to you soon.

Bannermans Lawyers
www.bannermans.com.au

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[minklet]

Thanks you, appreciate the responses. I’m still trying to get these strata committee minutes, everything I’ve been told by the building manager is completely unconfirmed, so I’m going to be chasing it still.

I haven’t got the occupation certificate, but I’ll get on that asap. Thanks for the offer!

 

@bannermans I’ve sent you a message on here with the interim cert

 

 

 

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[Author]

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