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  • in reply to: Water ingress due to defect #63469
    giraffez
    Flatchatter

      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?

      in reply to: Are these cracks and leaks building defects? #62019
      giraffez
      Flatchatter
      Chat-starter

        Okay thanks all for all the advice.  This is so complicated and sounds like a very costly exercise whichever way I go.

         

        in reply to: Are these cracks and leaks building defects? #61999
        giraffez
        Flatchatter
        Chat-starter

          Ah okay got you thanks.

          These all look like common property defects and they should be fixed under the statutory warranties.

          can you clarify this “common property” for me please.  So all the issues are within my unit, it’s not a shared space.  Why do you say it’s common property?

          in reply to: Are these cracks and leaks building defects? #61982
          giraffez
          Flatchatter
          Chat-starter

            True.  I was distracted by the 2mm rule, that anything smaller than that was the lot owner’s responsibility.

            I was also told this rule, but according to the department of fair trading website, it says if it is ceiling, its owners corp responsibility.  So for my first issue on the window, the cracks are technically on the ceiling and the window is considered common property.  So both will fall under owners corp?

            in reply to: Are these cracks and leaks building defects? #61981
            giraffez
            Flatchatter
            Chat-starter

              They are defects in common property and that’s al you need to know. The Owners Corp is legally obliged to get them fixed. If they are “building defects”, i.e. they are the result of poor construction, up to the first six years, the Owners Corp can demand that the builder fix them.

              Thanks for the good advice.  The crack is in one of the bedrooms, is that still considered common property?   How much power does the building manager / owners corp have in demanding builder to fix?

              Correct – but time is running out for you if the block is already six years old.

              Isn’t body corp still available after the warranty period?  If all fails, doesn’t it eventually land with body corp?

              in reply to: Are these cracks and leaks building defects? #61964
              giraffez
              Flatchatter
              Chat-starter

                Before I lawyer up, I just want to find out where I stand.

                Is it absolutely clear here these are building defects and as a result should be covered under building insurance – are there grey areas?  According to fair trading, this falls under body corp but I assume building warranty would be executed first.   https://www.nsw.gov.au/housing-and-property/strata/living/repairs-and-maintenance

                If everyone refuses responsibility, can the dept of fair trading step in?

                I have a building manager and it is my understanding this is hired by the body corp to take care of issues like this?  Is that their role, are they suppose to advocate on my behalf.

                How do I find out whether other properties in the complex have the same issues, can strata tell me?

                 

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