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Strata Building Defect Disputes - Ten Steps - October 2010
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Strata Building Defect Disputes - Ten Steps - October 2010

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Strata Building Defects are a problem in a large proportion of buildings in Australia ...

Strata Building Defects are a problem in a large proportion of buildings in Australia

Strata property owners are encouraged to discover the best approach to rectifying defects so that they may respond effectively and quickly

This slide show will help all owners to understand the process for rectifying defects and put them in front if they ever find themselves in the position of having to argue their point with developers and builders

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    Strata Building Defect Disputes - Ten Steps - October 2010 Strata Building Defect Disputes - Ten Steps - October 2010 Presentation Transcript

    • Building defect disputes
      Ten steps to successfully navigating your way to the right result for your owners corporation
    • On death, dying and building defects
      “This can’t be happening to me”
      “OK. I can deal with this”
      “Who is to blame?”
      “I will wait until…”
      “What’s the point?”
      (Kübler Ross 1969, On death and dying)
    • 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 – Have an early defects diagnostic done about the extent and nature of your problem
      Other key issues – Defects v Maintenance, Health and Safety issues and Time Limitations
    • Step 3 - Evaluate all your options before setting your objectives (Rectification Road Map)
    • 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
    • Check our website for -
      Strata Space – weekly e-Newsletter for strata managers – forward to your clients
      Strata Sessions – enroll for monthly webinars for strata managers
      Strata Guides – quarterly essays on practical topics
      Teys Lawyers Pty Ltd
      Suite 73
      Lower Deck
      Jones Bay Wharf
      19-32 Pirrama Road
      Pyrmont NSW 2009
      p: (02) 9562 6500
      f: (02) 9562 6555
      w: www.teyslawyers.com.au
      e: service@teyslawyers.com.au