The The Truth About Strata Are There Building Defects


Published on

strata act, strata mediation, body corporate fees, owners corporation fees, levy recovery, levy collection, strata title, building and construction law, strata negotiation, mediation strata, company title law, strata law, strata lawyers, building defects, by-laws, bylaws, litigation, strata, nsw strata law, victorian strata law, ACT strata law, company title

Published in: Education
1 Like
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

The The Truth About Strata Are There Building Defects

  1. 1. The Truth About Strata; what purchasers really need to know. Part 3 Are There Building Defects? © Copyright 2011 Teys Lawyers
  2. 2. All apartments leak? © Copyright 2011 Teys Lawyers
  3. 3. Why Apartments Leak? Why Balconies Leak © Copyright 2011 Teys Lawyers
  4. 4. Defects Are Time Bombs For Inspectors and Managers • At least 5 different time limits apply to commencing recovery action • Failing to warn purchasers can amount to negligence • Failing to warn purchasers of claims made can amount to negligence © Copyright 2011 Teys Lawyers
  5. 5. When Does The Clock Start? • The earliest possible date is ‘completion’ • Completion can be – Practical completion of building contract – Certificate of occupation by local authority – Registration of strata plan • All dates should be identified for advisors • Be conservative © Copyright 2011 Teys Lawyers
  6. 6. There Are Five Races for Justice NonStructural Insurance Structural Insurance © Copyright 2011 Teys Lawyers Negligence Statutory Warranties Misleading and Deceptive Conduct
  7. 7. Non-Structural Home Warranty Insurance • Two pre-conditions – Three stories or less (not including car park) – Insolvency, death or disappearance of builder • Claim notified within six months of awareness, and • Claim matter within two years from completion • Be conservative about what is non-structural © Copyright 2011 Teys Lawyers
  8. 8. Structural Home Warranty Insurance • Two pre-conditions – Three stories or less (not including car park) – Insolvency, death or disappearance of builder • Claim notified within six months of awareness, and • Claim made within six years from completion © Copyright 2011 Teys Lawyers
  9. 9. Negligence • Defendants – – – – Six year limit 10 year sunset from final occupation certificate © Copyright 2011 Teys Lawyers From manifestation Builder Designer Developer Principal certifying authority – Strata manager – Building materials supplier
  10. 10. Statutory Warranties • Defendants – Builder – Developer • Applies to all buildings regardless of size • Rights expire seven years after completion of the work • Be conservative about ‘completion’ © Copyright 2011 Teys Lawyers
  11. 11. Misleading & Deceptive Conduct Cases Misleading and deceptive conduct Best paper trail wins Federal and State Court jurisdiction © Copyright 2011 Teys Lawyers Includes builder, developer, sales agent, strata manager Six year time limit from offending conduct
  12. 12. Different Races, Same Steps Engagement with the enemy Proceedings stop the clock Dispute resolved Correspondence about cracks and leaks Cracks and leaks © Copyright 2011 Teys Lawyers
  13. 13. Inspector’s Duty of Care  To carefully inspect and clearly report on all records provided  To identify obvious records omitted  To report defects identified in records and cases started ? To alert purchasers to strict time limits and need for legal advice × To apply time limits © Copyright 2011 Teys Lawyers
  14. 14. Strata Manager’s Duty of Care  To provide all the records  To identify records not produced and why  To alert OC to time limits and need for legal advice × To explain or interpret documents × To advise on prospects © Copyright 2011 Teys Lawyers
  15. 15. Strata Inspectors Association • Association incorporation • Emailing list prepared • Code of ethics agreed • Website launched • Free legal advice • First AGM to be held today © Copyright 2011 Teys Lawyers
  16. 16. About the Presenter Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and practices exclusively in the area of strata title law. He is a Fellow of the Australian College of Community Association Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property edition of Your Money, Your Call for the same channel. You can find out more about Michael at TEYS Lawyers practice nationally in strata title law representing owners corporations, bodies corporate and apartment owners. The firm’s practice groups include building defects, management rights, strata community disputes, by-laws and rules and levy and fee collection. Subscribe for their free e-newsletter StrataSpace and find out more about them at © Copyright 2011 Teys Lawyers