Building Developer Will Not Correct Building Faults.

Dear Flat-Chat

I bought a brand new apartment last December, and have incurred two major building faults, which the developer is aware of, but seemingly unwilling to do anything about it. Firstly, in January this year, with heavy rain, a leak from a fire hydrant pipe on the ceiling of the basement car park leaked calcium carbonate from the concrete ceiling onto my car. This caused extensive damage to the paintwork of my car, which cost over $1,000 to fix. I still cannot park in my car space as the leak still occurs whenever it rains. The developer told me that I should have polished the damage out of my car (as opposed to getting it resprayed), despite the fact that the paintwork had been eroded. He is refusing to compensate me for the costs incurred nor has done anything to fix the problem with the leaking pipe.

Secondly, during winter, I noticed extensive mould in my only built in wardrobe in my apartment. On further investigation, I realised that this was partly caused by a leaking external wall drainpipe on to a flat roof, causing water to infiltrate the external wall and into the wardrobe. Secondly, the development appears to suffer from an ventilation problem, as other apartments have incurred similar problems. I noticed that every morning during winter, extensive condensation appeared on the windows and sills of my bedroom. My clothes were covered in mould, smelt extremely musty and in some cases, the mould had eaten away at the material. I had to get rid of leather goods, suiting and wash/dry clean all my clothes as well as thoroughly clean my whole apartment. Other residents in the block have told me that they incurred thousands of dollars of damage in possessions and others have moved out. Some tenants were give humidifiers from their landlords, whilst the developer told me to keep the windows wide open during the day to reduce the problem. Not ideal, in the cold of winter, or if you live on the ground floor (for security purposes). Unfortunately, I am an owner occupier, so am stuck with my property.  

I do not feel I should have to pay any Strata until the developer has made some attempt to remedy these problems and/or compensate me for the damage that I have incurred. I understand, that building strata is separate to the developer and covers communal charges and services. However, I am extremely unhappy with the current situation.  Whenever, it rains I start to worry that I will incur further leaks and damage to my property. I bought my apartment as an investment property, and believe that it isn’t in a fit state to rent out!

I understand that the developer is legally bound to correct major building faults (within the first seven years of the development). What action can I take to make sure this occurs? What does building insurance cover? Does such insurance cover damage to owner’s property caused by building faults? What action would be taken against me if I ‘choose’ not to pay strata as a sign of protest? At this stage, I have had little response from my Strata manager, who has only forwarded my concerns and correspondence (I have put everything in writing with photographic evidence) to the developer.

I would be very grateful for any advice that anyone can give me! Best Wishes. Dom.*