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01/07/2014 at 6:01 pm in reply to: Owners Corporation’s responsibility to repair building defects #21852
Thanks, Whale – this forum has been most useful in guiding me.
30/06/2014 at 8:09 pm in reply to: Owners Corporation’s responsibility to repair building defects #21844Yes, kiwipaul, thanks, that sounds like a plan – that is, assuming I’m able to get an appropriate motion onto a general meeting.
27/06/2014 at 9:34 pm in reply to: Owners Corporation’s responsibility to repair building defects #21814yes, well, kiwipaul, I knew the legal situation (as indicated in my post) but there’s a big difference between knowing the law and being able to enforce it. It’s the mechanics of enforcement that I’m interested to hear.
Thanks again, Jimmy. I didn’t say in the first place that there was home warranty insurance but, obviously, it would have been clearer if I’d said that in the first place.
It’s not that I think we have time to be idle. There are a number of reasons why we want to take at least a few weeks to decide what to do next including having a complex building defects report to digest, a lack of clarity as to whether all the defects identified are “structural” as per the definition in the relevant legislation, tension within the EC as to the best way forward, lack of trust that the strata manager knows what she’s talking about (she can’t point us to anywhere where it says there are time limits other than the 6-year limit yet she is saying vote to engage a lawyer this week, today if possible!). I have simply been trying to establish the facts about time limits.
The inference of your response is: no insurance, no 6-month time limit. Your SMH article wasn’t clear about that. I’m not sure why regarding this issue there is so much focus om home warranty insurance and claims under that when probably most new blocks of units are 4-storey plus where that doesn’t apply (the law is an ass!).
I fear your prediction about the builder conveniently going bust may come to fruition.
Regards and thanks again, Prufrock
Thanks, Jimmy, but I have searched high and low for proof of such a regulation without success! Where is it written? What you have directed me to, which is not the regulation per se, seems to be dealing exclusively with home warranty insurance and our situation – which I should have made clear before – is that of a 4-storey building not covered by insurance. I can’t find anything to say that we need to lodge a claim within 6 months of becoming aware of the defects. With more than 2 years of the 6-year period yet to run, I would have thought we had plenty of time, no?
JimmyT, would you be able to clarify when the clock starts ticking for the 6 year statutory period? From when the builder finished? From when the building was first occupied? When? Also, what is the source (legislation?) for this rule? And, as per your most recent SMH article, the 2-year rule re non-structural defects (leaking showers etc)?
Thanks, Prufrock
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