#24822
Jimmy-T
Keymaster

    @cellblock said:

    Do we have a right to access the common property defects recorded by the developer? 

    As far as I know, you would only have that right if the developer had passed it on to the strata manager or if the strata manager or building manager had passed it on to the developer.  In either case, you would be entitled to see them as they have been handled by people who are effectively your representatives.

    Bigger picture, this is as dodgy as Hell. I think you are probably being led up the garden path by your developer who is doing minor patch-ups while the clock runs out on defect claims.  

    Also, the strata manager should not have been appointed by the developer (although you will probably find they were approved at your first AGM).

    Your committee needs to agree to spend money on a defects check and put in a comprehensive claim as soon as possible.

    The fact that the developer is telling you that common property ends at the unit’s front doors – it doesn’t – suggests they are either fools or liars (or both). Also, individual owners can’t sign off on common property repairs.  Well, they can but it counts for nothing.

    It sounds very much like you are being ripped off with the knowledge and complicity of your strata manager. They need to be reminded who pays their bills, and told to start acting professionally and think more about their responsibilities and less about the next gig they are going to get from the developer.

    Get yourselves a good specialist strata lawyer as a matter of urgency – you only have six months in which to make a claim for defects (apart from those that would make the building or a unit uninhabitable). 

    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.