A man's home is his own Castle. This is no doubt familiar to you. One of the most exciting times in a person's life is when they buy their first property and more properties. However, the exciting time could turn into a nightmare where building defects are involved.
Let's explore the five steps to resolve building defects by the Strata community.
1. Hire a building Inspector to confirm in a report if the defects are structural or nonstructural. It's important to get an expert to identify as soon as possible these components, structural or nonstructural so that a plan could be set by the Strata community on what could be pursued or not pursued for the builder to rectify.
2. Get legal advice to determine if the defects are part of the common property or private property, it's important for the Strata community to determine through legal advice, their rights, and responsibilities. Of course, in the first instance, with a common property, in the second instance with private property and determine why they should even be involved in a private property. This could be obtained through another expert by getting legal advice.
3. Write a letter to the builder to compel them to rectify the defects. Of course, at the end of the day, it's important that the person or the party responsible for those defects, which is the builder in this instance, should be issued a letter of demand to require them to rectify the defects.
4. If the builder refuses to carry out rectifications and if the legal costs to pursue the builder for the defects outweigh the defects rectification costs, the Strata community should make a commercial decision to raise the funds to rectify the defects themselves.
This is a commercial decision that should be carefully thought of by not only the committee, but we do also encourage that it would be presented to all members of the Strata community. So everyone is involved to determine whether everyone wants to pitch in making a commercial decision. There are many developments that we know have made decisions such as this, especially where they have determined that the defects are not that significant and they should just and ought to just do away with the stress of litigation and resolve the defects themselves.
5. If the rectification costs outweigh the legal costs to pursue the builder, pass the required resolutions to issue legal proceedings against the builder and action accordingly. Ultimately, there are developments that we know would have to resort to litigation. It's absolutely necessary that the resolutions are passed by the Strata community to allow them to pursue litigation and ultimately reach the goal of compelling the builder to rectify the defects.
These are the five steps to resolve building defects. Do you think there should be items that must be included in the list we want to hear from you please share our blog with those who could learn more about Strata living or share your comments in the comments section, as usual, remember to continue upgrading yourself.