Flat Chat Strata Forum Common Property Current Page

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  • #11723
    Two Crows
    Flatchatter

      I know that there is a two-year limit to identify minor defects to common property – is there a time limit for the developer to fix these defects?

      Thanks.

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    • #29807
      Bunyip1
      Flatchatter

        Hey Two Crows,

        I think it may be 6-7 year Limit for defects liability  / builder’s liability period. I think it’s also proof of when or if the defects that caused damage ” could have been reasonably seen in a normal inspection ” . Is Strata now seeking a ” Special Levy ” to fix these defects and not using the defects liability insurance?  You could try ask the reasonable inspection argument, I’m no Lawyer but have seen this line of reply in some published articles.

        You Should ask Jimmy T, that’s why developers have been barred from putting in a mate as the Strata Mgr as they would defer the the defects liability until the claimable period was over so their friend was free from fixing faults.

        #29809
        Jimmy-T
        Keymaster

          There is a two-year time limit for claims of non-major defects and a six-year time limit for claims on major defects (structural, waterproofing etc).

          Once the claim is lodged and verified, I think the developer has to either fix or pay for the defects in a reasonable time.  There may be legislation covering that time period, but I have never seen 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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