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Topic
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Here’s the background:
- Apartment is 18 months old.
- We retained a professional building inspection company to provide a report on minor faults that should be dealt with under the 2 year period for such things.
- Forwarded the report to the developer with a request for the identified faults to be addressed.
- The developer (without permission) contacted the building inspector, who (without permission) discussed matters relating to the unit and the report.
- The developer has asked to inspect our apartment and the matters raised (We will meet on Monday)
- The developer contacted the building inspector without having told us they intended to, and without our permission. The developer subsequently told us they had contacted the building inspector in an email asking to set up an inspection time.
- We contacted the building inspector and asked what communications had taken place. At that time the building inspector forwarded a summary of comments they received from the developer. (I was shocked that the building inspector provided what I would consider to be proprietary and/or personal information about our unit or work undertaken for us without our express permission considering how many checks and balances one has to go through with banks and government agencies concerned about wrongful disclosures of personal information!) I now don’t feel I can be confident in his judgement and/or advice if we want to go to the next step of contacting Fair Trading or NCAT and in what order this should be done.
This is not about the building inspector not following proper legal protocols. My question is about the developer’s responsibilities under law with regard to addressing defects and what we should do to escalate the issue. I feel pretty sure that they only way to get satisfaction is to start that process going.
What are the developers obliged to do, and what is the best path forward to achieve this? Is this a case of needing to get a lawyer’s letter next? Or is it a matter of going to Fair Trading and telling them we have tried to resolve the matter and are getting weasel words from the developer.
The developer did in fact make some comments to the building inspector, but without contacting us. So to all intents and purposes the developer shouldn’t assume we have seen them.
Here are a couple of items raised in the report.1. A Dangerous Step Down.
We have a ground floor unit with a small garden area. There are no steps down from the patio to the garden. The building inspector said that the distance from the patio to the pebbled walkway was non-compliant. The developer says the pebbled walkway is not a thoroughfare, was installed per the plan, is compliant and they don’t plan to take any action. The height is actually significant and is, in my view, a risk. What recourse do we have?
2. Inferior/Faulty Products Supplied.
The vanities in the bathrooms have warping doors. They have been replaced once already. It’s clearly a product that is not fit for purpose. Is this the supplier to the developer responsible or is the developer responsible for not ensuring the product was fit for purpose?
3. Inferior Workmanship.
In the kitchen the benchtop has a wobble in it. It looks to me as if the joinery was poor. The comment by the developer to the building inspector was this is a wear and tear issue. In the last house we owned, the benchtop was there for thirty years and never wobbled. I hardly think wear and tear should be an issue in 18 months. What recouse do I have when the developer argues wear and tear?
The above are a couple of examples. One additional thing. Some of the comments to the building inspector contain this piece of language “Nonetheless, we will inspect and try and assist in getting this rectified this one time only”.
Is the developer able to make such a statement: that by doing a fix they can absolve themselves from any future responsibility? How would we be protected from the possibility (all too real in my view) that the tradespeople the developer may sends in to fix a problem are third rate whose fix is no better than the original poor workmanship they should be remedying?
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The first thing I would do is contact other residents – tenants as well as owners – and ask them if they have experienced any of these issues. maybe a leaflet unde their doors or in their mailbox. You don’t have to make it accusatory – just a simple question. If more than one person has the problem it can’t be wear and tear.
As for the developer saying they will fix things once and for all, I wouls simply reply that they have responsibilities set out by the SSMA which are not subject to modification by their arbitrary decisions on how often they will fix things. They have a duty to repair or replace lot and common property that is defective and is reported within the time limits set out in the Act and the Regulations – end of story.
If you think it will come to the point where you wish to appoint a lawyer, I would get a group of owners together to fund that in the first instance.
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.
Whilst it’s regrettable and annoying the faults your inspector picked up, I’d consider you extremely lucky as the defects you mentioned are more cosmetic than structural. Though annoying nevertheless.
Going it alone is not going to get you anywhere. Organise through your committee to get an inspection of the whole building, and then get the developer to fix the defects.
The building has a 7 year defects period in which the developer has to fix major problems.
The developed is also responsible for paying for a building report, by an inspector of your choice.But I doubt this covers the costs of the report if you go it alone.
Remeber there is strength in numbers.
your strata manager should be advising you of all this, unless they are indebted to the developer.
Going it alone is not going to get you anywhere. Organise through your committee to get an inspection of the whole building, and then get the developer to fix the defects.
The OP is talking about minor or cosmetic defects in his apartment which are only covered by a two -year waranty. The strata committee is not going to take any interest in lot property defect claims – it has nothing to do with them. Likewise, apart from possibly sharing the cost of an inspection visit with another owner, the lot-only defects are between the lot owner and the developer and no one else.
The claims period for major defects is SIX years, not seven, and they should be pursued by the strata committee and the owners corporation, not individual owners.
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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