#18110
Austman
Flatchatter

    @JimmyT said:
    I can tell you that it has been established in the Supreme Court here in NSW that pursuing developers for defects claims is not considered maintaining and reparing common property as required under strata law. In other words, the OC has to fix it regardless of what else is going on – they just need to make sure they follow correct procedures with assessments,quotes and contracts so that there can be no quibbles when they do make a claim.

    Nothing to do with following the law. Nothing to do with the developer (because it actually it has to be the builder in VIC).  We understood all of that. 

    It’s the process of getting repairs done if some owners want to pursue the builder’s warranty insurance before paying lots of money themselves.   And that’s a fair enough stance  too – it is supposed to work that way – after all,  the OC didn’t cause the building defects, the builder did! 

    And it’s what will work to fix the defect, how much will it cost?, when can it be done?, how do raise the funds? etc. 

    Ultimately it’s an OC process matter. It’s the OC trying to arrive at a correct decision.  It’s the OC getting information from managers, lawyers, builders, experts. It’s the OC dealing with builders and tradesmen who don’t even bother to turn up half the time.  And it’s the OC dealing with the complaints from non affected owners when they realise they’ll have to pay for repairs on issues that don’t directly affect them.

    It’s not really that easy.  It’s not really that simple.  Especially for unpaid volunteers that have to do most of the work. 

    Get on the EC and help out if you really care!