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

1. Building defect disputes Ten steps to successfully navigating your way to the right result for your owners corporation

2. 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)

3. Step 1 - Be aware of your responsibilities to fix defects

4. 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)

5. Executive committees responsibilities to fix defects s.82(1) s.82(a)

6. Unit owners responsibilities to fix defects

7. 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

8. Step 3 - Evaluate all your options before setting your objectives (Rectification Road Map)

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

10. Step 5 - Ask the right questions of your experts

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

12. Step 7 - Make your claims within legal timeframes *Take expert legal advice on each case to determine starting point for timeframe

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

14. Step 9 - Communicate effectively with your co owners

15. Step 10 - Close the settlement carefully

16. 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