Is it usual to have an independent building defect inspection?

I don’t know if defect inspections in a new building are standard practice but they are a very good idea.

Currently the time limit for claiming rectification of non-major defects is two years (and major defects six).

Non-major defects are basically anything that needs repair but doesn’t mean the building or apartments in it can’t be occupied. Cracked tiles or ceilings, leaking roofs, wobbly balcony balustrades etc etc etc all come under “non-major”.

Your EC is to be congratulated on getting on top of this before time runs out.

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.

Just to add to the argument of why you need to get your defects checks done ASAP, have a look at this story where the developer was a mate of the notorious Auburn deputy mayor and the strata manager was a mate of the developer.

When the roof blew off in a storm, the insurer refused to pay out because the building was riddled with defects.

I’m not referring to this story specifically, but, as I’ve said elsewhere, it’s time the government started cracking down on all the cowboys, crooks and dodgy dealers in the strata industry.  

And by cracking down, I mean, let’s strip them of their assets under “proceeds of crime” legislation and jail the worst of them.  Until then, these grubs will never get the message that it’s not OK to rip off people who just want a roof over their heads.  

Thank you very much – you have made my weekend!