› Flat Chat Strata Forum › Strata Committees › Is it usual to have an independent building defect inspection? › Current Page
There is no special resolution required so the developer would need to gather more than 50 percent of the Unit Entitlements (as I am sure they or someone else will call for a poll vote) rather than the 25 percent needed to block as special resolution. That means the pro-survey owners need to get their act together but you probably just need six of the other units to vote in person or by proxy.
I’m not sure where you stand on this, but I repeat, if you don’t identify defects and make a claim within two years of the block being completed, you will lose any right to claim for any but the very, very worst defects – i.e. those that render the building or part of it uninhabitable.
Small scale developers are notoriously ignorant of strata law, and if I was in your building I would explain to him that even if he succeeded at the EGM, I would be pursuing a Section 138 ruling from NCAT to force the Owners Corp to appoint a surveyor.
He then has the pleasure of paying for one-fifth of the additional cost of overturning his attempts to avoid defect rectification.