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.
o Hire a building inspector to confirm if the problems are structural or nonstructural in a report. It's critical to have an expert identify these structural and nonstructural components as soon as possible so that the Strata community may decide what should be pursued or not pursued by the builder to correct.
o 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.
o 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.
o 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.
o 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.
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