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Hi Tamara There are two broad responses to Fire Safety Orders.
Firstly, you can look to appeal it’s issue in the Land & Environment Court (eg was a notice of intention to issue of fire safety order served beforehand, etc). Generally this is not a terribly productive way forward.Secondly, you can engage an expert to negotiate the scope of work under the fire safety order. It may be that not all the work in the scope of work is required to be completed.Let me know if you have any questions.RegardsChris KerinPartner – Building Defects
———————————-TEYS Lawyers
The Strata Law Experts
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1300 TEYSLAWYERS
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Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Hi 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
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Hi JeremyS
The answer to your question depends upon the answers to a number of other questions.
If a pipe is to be found entirely within the boundaries of the lot and is for the exclusive use of the lot, it will be the lot owner's responsibility to maintain, repair, renew or replace.
If the pipe is located partly within the boundaries of the lot and partly within common property walls, floor or ceiling, then a variety of conclusions as to responsibility can be made depending upon a range of factors.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
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Hi All
As of yesterday, NSW Parliament has indicated that:
1. Royal Assent will probably take place on 26 October 2011; and
2. the amending Act is scheduled for proclamation on 1 February 2012.
TEYS Lawyers is currently conducting a review of the amending legislation and will shortly provide a view regarding it's impact via it's website, weekly email StrataSpace, etc.
Regards
Chris Kerin
Partner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
Serious Building Defects and Disputes- And How to Avoid ThemRegister Here
Hi Pelican
The relevant legislation is the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000 which also pick up the requirements for fire and life safety in the Building Code of Australia which in turn refers to the relevant Australian Standards.
Unfortunately, I am unable to assist you with questions 2 and 3 as these are not legal in nature.
Regards
Chris KerinPartner – Building Defects
———————————-TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
Don’t miss our next
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Serious Building Defects and Disputes- And How to Avoid ThemThere is probably a bylaw in place which prohibits an owner or occupier from damaging or defacing common property unless written approval of the owners corporation is first obtained.
However, laying floor tiles without drilling into the concrete slab is not damaging common property.
The question is, when the tiles were laid, was common property damaged?
If common property has been altered, then approval can be obtained retrospectively. If this approval is not forthcoming, then there are avenues available to the owner to have the works approved.
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
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JimmyT is right. There is no way to avoid paying your share of the levies to rectify common property.
On the issue of suing someone for failing to maintain the common property or failing to act thereby exacerbating the problem or some other issue, I would need to know a lot more before being able to give advice on this issue. It is possible but there needs to be clear evidence to make out such a claim.
Finally, if significant work is required, you should consider whether the building should be upgraded to generally improve the value of the units. This will require even more money to obtain Council approvals, prepare designs, etc but the increase in value may offset the total cost.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
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Hi mvilleowner
The owners corporation is responsible to maintain and repair common property and therefore is entirely responsible for this.
On the question of rent, the loss claimed must be reasonable. That is, if habitable but a bit moldy perhaps the apartment can be rented but at a reduced rent. The OC will, however, be liable for the difference.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
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How To Prevent Building Defect Litigation Tearing
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Hi Lexi
Firstly, can I suggest you look up a video on Youtube entitled “Building Blox”. This is a video by Ross Taylor who is a building consultant and is an excellent way of understanding why balconies leak.
Secondly, responsibility for maintenance and upkeep of the balconies and door is contingent upon the strata plan. It is usually the case if the strata plan was registered after 1 July 1974 that balcony doors and windows are the responsibility of the owners corporation.
Finally, the completion of such rectification work does not change who is responsible for the maintenance and upkeep of the balconies and door.
Enacting a new by-law may however, change these responsibilities.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
How To Prevent Building Defect Litigation Tearing
Your OC ApartRegister Here
Hi Beedee
As a tenant there is little you can do as it is up to the owner to deal with the owners corporation on this issue.
I suggest you look to your residential tenancy agreement for rights relating to the safe use of the premises, etc in order to force the owner to have the situation resolved (either with the OC or themselves). If there is nothing in the residential tenancy agreement to deal with it, you should make dealing with it a condition of your continued tenancy.
Regards
Chris KerinPartner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
How To Prevent Building Defect Litigation Tearing
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Hi Chesa
Section 62 of the Strata Schemes Management Act requires the OC to maintain and repair common property. Therefore, if the hot water pipe was common property, the OC was responsible for it’s rectification. Further, a lot owner who suffers loss and damage as a result of a breach of s. 62 can recover that loss and damage from the OC.
Regards
Chris KerinPartner – Building Defects
———————————-Hi Whale
Ultimately you need to look at the strata plan to determine this issue.
However, if the sub-boards and isolating taps are within the lot and are for the exclusive use of the lot, you are correct.
I read Alfred’s facts as locating the sub-boards and isolating taps wholly within common property.
Regards
Chris KerinPartner – Building Defects
———————————-Hi gimp563
There are three potential avenues available to you – breach of contract, negligence and/or Trade Practices Act/Fair Trading Act (now Australian Consumer Law).
Your ability to successful sue using any of these avenues depends upon the facts.
Feel free to give me a call to discuss.
Regards
Chris KerinPartner – Building Defects
———————————-Hi Alfred
Yes.
Further, your contents insurance policy would not cover common property items. However, this would come under the OC’s insurance policy altho the excess may make claiming uncommercial.
Regards
Chris Kerin
Partner – Building Defects
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Hi Mikey_z4
You will need to look at the strata plan to determine if the balcony is lot or common property. There are a range of symbols or statements which indicate whether an area is common property or not.
If the balcony is common property then it is the owners corporations responsibility to fix the leak. Jimmy T is correct in that you can force the issue in the CTTT by way of breach of statutory duty under section 62 of the Strata Titles Management Act.
If it is lot property, then you will have to fix it.
Regards
Chris Kerin
Partner – Building Defects
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009Don't miss our next
monthly webinar:
Who's Responsible For These DefectsAnd How Do I Get Them To Pay?
Register Here