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We reside in Sydney. The builder has been very slow to respond / take any action on defects, so after some pushing of our Strata Manager they’ve recently lodged defects with Fair Trading,
One of the lots is experiencing water ingress due to one of the defects and of course with the recent rain this matter is now dire.
Having really no experience in these matters, I was hoping to understand if anyone had any thoughts on how this could be escalated / handled.
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Whether its the lot owner, the owners corporation or the builder, doing nothing is not an option. Non action just causes more damage.
If the builder is being stubborn and it’s common property, the OC should get the repairs done , or some temporary fix so further damage is not done.
I assume you have reports from qualified people identifying the problem and the solutions. You’ll need these in any case in fair trading.
The courts will not leave you out of pocket if you take reasonable steps to minimise losses.
One other item to remember is that by the OC not taking action to minimise the lot owners losses, the OC will be liable for these losses.
Whether its the lot owner, the owners corporation or the builder, doing nothing is not an option. Non action just causes more damage.
I’m glad someone has made this point. I’m trying to find the line in the Act or Regs that says fixing a problem while you are waiting for a resolution of who is at fault is okay.
But as Kaindub says, make sure you have established from the beginning where the fault or defect lies so that the builder can’t turn round and say the common property was damaged during the repairs.
All that aside, get it fixed as soon as possible.
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.
Is there any timeline that a builder must fix the issue by under law? I can see they will just drag their feet until the warranty runs out.
I assume you have reports from qualified people identifying the problem and the solutions. You’ll need these in any case in fair trading.
Out of curiosity, who arranges this? If it is common property, OP shouldn’t have to deal with this and pay out of their own pocket to get this done right?
Is there any timeline that a builder must fix the issue by under law? I can see they will just drag their feet until the warranty runs out.
If the problem is identified and established in documents during the warranty period, it doesn’t matter when the warranty runs out.
Out of curiosity, who arranges this? If it is common property, OP shouldn’t have to deal with this and pay out of their own pocket to get this done right?
If it’s common property, the owners corp must pay. If they delay repairs and it’s affecting your lot, you can tell them to fix it or you will. Then make it clear that you will charge them for the costs and if they refuse to pay, you will also make sure they also pay your costs for taking them to the Tribunal to get payment.
Do you have the right to do that? This is what sections 106 (1) and (5) of the Act say:
106 Duty of owners corporation to maintain and repair property(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
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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