Building Issues

Hi Everyone,

I purchased an off the plan townhouse in the Hornsby area mid last year and I have had severe water leaking issues.

I have raised this with the strata manager and they have said its the responsibility of the developer or builder or fix.

They have tried to contact the builder and developer but nothing seems to be happening.

Has anyone experienced this? Am I better off resolving it myself or should I perhaps pursue the legal avenue?

Regards

D

 

You have tried to contact the builder/developer and cannot?
Or you have contacted the builder/developer and they do not come to rectify the issue?

 

Make sure your communication with the builder/developer in writing (email, fax or letter) Make notes when discussing the issue. Give them a deadline to respond, usually 14 days. If the builder/developer fails to come to the party, complain to Fair Trading before escalating it to NCAT.

This link gives you some idea how to proceed:
Home building - Consumer and Commercial Division

 

The strata manager has called the builder but the builder is not responding.

Do we need to make a compliant against the builder or the developer?

 

You will need to contact the builder/developer directly and copying the strata manager. This is your property and you cannot just rely on Strata Manager alone.

 

The strata manager has emailed both the developer and the builder and cc'ed me on the emails and nothing is happening. The developer is saying that the strata manager needs to contact the builder as its his responsibility and the builder is not responding.

 

Strata manager if it's affecting common property, builder if it is affecting your property. Builder has provided you/BC the warranties not the developer - he's got his money and skipped the country.

 

Thanks guys - well the issue is my house so I guess I need to contact the builder directly.

I think I will just contact NCAT and lodge a complaint.

What if the builder has skipped town? What happens then?

 

You can't go to NCAT until you've formally received no response from the builder. Then you've got years of pain ahead proving that the builder has died or insolvent.

 

Hi Scott,

There hasn't been a response from the builder for over 2 months and the recent rain has caused a lot of issues.

If we take the builder to NCAT and he doesnt appear wouldnt the judge rule in my favour automatically?

 

@Declan, let the Strata Committee know that there is a leak issue and that they need to pull their finger out and get it fixed.

Noting this is in NSW, this may help Repairs_and_maintenance

It's then their issue (on behalf of the Owner's Corp) to chase builders/developers/absconders to reimburse the OC.

Otherwise seek a mediation between yourself as the lot owner and the OC with Fair Trading http://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Forms/medform.pdf to get the Committee to get a move on.

If FT mediation fails then lodge an NCAT application to get an Adjudicator's order to compel the OC to get organised... see http://www.ncat.nsw.gov.au/Documents/ccd_form_strata_application.pdf

Good luck.

TV

 

I would treat it as a legal issue and seek advice to avoid the cyclical problem and delays.

A solicitor may issue a claim v's the strata at the registered office and seek a time limit and put the strata on notice for resulting damage as a start. The strata managers would then need to initiate a similar claim v's the builder. Hopefully, the strata holds sufficient levies to fund the works otherwise.