Hi guys,
I have a major problem in my home that I purchased 12 months ago. It is an apartment in a complex with a total of 8 apartments, over 5 levels.
The building itself is only 5-6 years old, and as it turns out every window frame in my home leaks due to faulty installationfaulty window frames. It has caused extensive damage to floor boards and plaster.
Body corporate claim it is not their problem, and I think it is not covered under the home builders warranty as the complex is over 3 stories. Is this true?
Who should I turn to? Do I have to get the lawyers involved?
Thanks in advance guys.
Which state? As it does not relate to the interior of your unit, it is a body corporate issue – document it & send it to the executive committee & the strata management company. Also contact vcat or fair trading to make sure you are addressing it the right way.
In NSW they did drop the requirements for HOW insurance so they are effectively ‘self-insured’ by the builder.
The issue probably isn’t limited to your unit, so you may need to do some homework & check the minutes of the body corporate.
You will need to know how old the building is, as you may have already lost the opportunity to lodge your claim. Getting lawyers involved is very expensive & the willingness of fair trading to resolve an issue is questionable at best, the insurers will only pay out if the builder is dead or bankrupt.
Hi Scott no mates,
The state is Victoria. The issue is also present in many of the other apartments so that helps in my complaint.
The issue with the body corp is they say the windows are on a private balcony, so it is not their issue.
I have gone to consumer affairs and they have asked me whether or the building would be considered residential or a commercial building, which I am still trying to find out. If residential, then they can handle it all. If it’s commercial in nature, then they said I would probably have to get legal advice.
It is just so frustrating to have a nice house that simply leaks, body corporate thinks it’s not their problem (I have no idea what I’m paying them for) and I really don’t want to go near lawyers as it starts to get very expensive!
if it contains units, then the units are covered. If there are commercial suites, these aren’t. There may be shops or offices on one level but if the units are for living in then they are residential, if they were built as commercial or office units and converted you would still have a case.
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