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Topic
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1. When the OC decide on a special levy of $3000 per unit (36 units) for legal fee to take the Developer to court for not attending to repairs to units and block, what will happen if a unit is unable to come up with such a big amount?
2. If a comprehensive report on all defects is done and given to the Developer 1 1/2 year before the Homeowners Warranty expired, will he still be bound by repairing the defects even after the Homeowners Warranty expired?
Thanks
Chak
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Replies
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If a majority on the Owners Corporation has agreed to the special levy then you have no option but to pay it (however, it should be calculated on unit entitlements, not “per unit”). If you have trouble raising that kind of money, talk to your treasurer and secretary about spreading the payments over several months, hopefully without incurring the 10 percent penalty interest for late payments. Rest assured you will not be the only person in this position.
On the question of the warranty, if the claim has been lodged before it runs out, then the developer or builder still has to address it.
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.
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