The roof waterproofing is defective. The developer and builder voted down a motion to lodge a claim with QCAT. Can owners pursue this independently?
Our builder installed a roof and self certified waterproofing which has been found to be defective. The developer and builder recently voted down a motion by the owners to lodge a claim with QCAT to have outstanding DTRs ordered by QBCC, completed.
Can we as owners lodge a claim with QCAT, independent of the committee, to recoup the costs associated with getting the building compliant, including independent reports and defect rectifications that should have been covered by the builder's warranty? And if we can, should the claim be lodged against both the developer and builder, as they were both on the sales contracts?
It is highly likely that individual owners have rights not only in relation to the defect issues, but also the voting down of the proposed action by the developer and builder.
This question involves a number of technical issues and important principles. I do strongly recommend that the group of owners, or at least a representative of them, obtains independent legal advice as soon as possible.
It is highly likely that individual owners have rights not only in relation to the defect issues, but also the voting down of the proposed action by the developer and builder. There is also a potential pathway for the work to be rectified by the Body Corporate, at worst case, and for the costs of so doing being recovered from the builder and / or the developer. The issues are complex, time is of the essence and detailed advice is required.
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Michael Kleinschmidt has specialized in strata law for over 20 years. During this time, he has served all of the peak stakeholder groups: Australian College of Strata Lawyers – Fellow and Council Member, Australian Resident Accommodation Managers Association (Qld) - Legal Panel Member, Strata Community Australia (Qld) - inaugural Legislative Committee Chairperson and past Professional Standards Committee member, Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group – ACSL representative, Attorney General’s Community Titles Legislation Working Group - ACSL representative. Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.
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