Building defect disputes

Ten steps to successfully navigating your way to the right result for your owners corporation

On death, dying and building defects

(Kübler Ross 1969, On death and dying)

“This can’t be happening to me”

“Who is to blame?”

“I will wait until…”“What’s the point?”

“OK. I can deal with this”

Step 1 - Be aware of your responsibilities to fix defects

Owners corporation responsibilities to fix defects

s. 47(2) s. 51(1) s. 51(3)

*All section references refer to Unit Titles Act 2001 (ACT)

Executive committees responsibilities to fix defects

s.82(1)

s.82(a)

Unit owners responsibilities to fix defects

Step 2 - Stay within your authority to deal only with common property

Step 3 - Evaluate all your options before setting your objectives

Step 4 - Know who to trust and avoid those with possible conflicts

Step 5 - Ask the right questions of your experts

Step 6 - Pursue wrongdoers with money or capacity to rectify defects

Step 7 - Make your claims within legal timeframes

*Take expert legal advice on each case to determine starting point for timeframe

Step 8 - Work to realistic milestones and budgets (20 unit example)

Step 9 - Communicate effectively with your co owners

Step 10 - Close the settlement carefully

Teys Lawyers Pty LtdSuite 73Lower DeckJones Bay Wharf19-32 Pirrama RoadPyrmont NSW 2009p: (02) 9562 6500f: (02) 9562 6555w: www.teyslawyers.com.aue: service@teyslawyers.com.au