Major building faults not disclosed in section 32

Discussion in 'Legal Issues' started by CDizz, 4th Apr, 2019.

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  1. CDizz

    CDizz Well-Known Member

    Joined:
    17th Apr, 2018
    Posts:
    76
    Location:
    St Kilda
    Hi all,

    I purchased my PPOR 18 months ago, it's in a block of 50 units.

    In January of this year we were advised that another owner successfully won a VCAT order against the body corp for water ingress through common property. Their property has been vacant for 2-3 years now and they claimed for lost rent. As a result of this revelation, documentation has been provided by the body corp showing known major building faults over the last 10 years that have not been addressed. Several of these issues are now at a critical point and need rectification. Final figures and quotes have not been completed yet but early estimates have costs at around $40k per unit over the next 12 months.

    Knowing now that the body corp had full knowledge of the scope of the issues as far back as 10 years I was wondering if I have any legal recourse? None of this information was in the section 32, the AGM minutes, or the strata search. I have since spoken with other owners that also purchased in the last 24 months and none of them were made aware of these issues prior to their purchase even though the body corp was in the middle of legal proceedings with VCAT at the time.

    I am seeking your advice as to whether I can take action against the body corp for not disclosing this information during the purchase process and if so, would like recommendations for a good solicitor in this field in the Melbourne area. Obviously I can't get out of the purchase, I am just wondering if concealment of this information, intentionally or not, is in some way illegal and if I am then able to hold them accountable.

    Thanks in advance
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    possiblly.
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
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    Location:
    Sydney
    Who undertook the strata review ? You may have a case to raise with them too.