• Maintenance and Building Defects (S3: Episode 26)

  • Apr 3 2025
  • Duración: 4 m
  • Podcast

Maintenance and Building Defects (S3: Episode 26)

  • Resumen

  • 🔧 Strata Life: Tackling Maintenance & Building Defects with Confidence! 🏗️🏢

    Building defects and maintenance disputes can be a legal maze! 🌀 Our latest Strata Life episode unpacks owner vs. OC responsibilities, defect claims, and compliance under Victoria’s strata laws.

    🎧 Tune in now for expert legal guidance on strata laws in Victoria, Melbourne! Let’s protect your property and rights together. ⚖️🏡

    I want to focus today on maintenance and building defects. It's important that those who live in strata communities and those who are also in the committee to understand the difference between repairing and maintaining common property because they would like to do it or repairing or maintaining the common property because there's a legal obligation to do so. In respect of defects, that is a whole different topic that I will talk about very shortly. But I do want to highlight that there is an obligation for strata communities to make sure that we're particularly an expert. Let's say it is a caretaker or the essential service provider makes a recommendation that there's a repair and maintenance that needs to be carried out. The strata community should not ignore that. Based on my experience, where it is ignored, there could be serious ramification and significant expense that is the strata community is faced with. Not only that, there's also legal obligations to make sure that the integrity of the common property and the development is repaired and maintained by the strata community where common property is impacted. The strata community has an obligation to make sure that the residents are safe. So that said, it's not about whether it's expensive or not. There is a legal obligation to repair and maintain common property and that ought not to be ignored. Now in respect of defects, I understand that and have seen that significant defects cost a lot. But there is an obligation for the strata community to make sure that they mitigate the risks in respect of those defects. What does that mean? It means that to the extent that the strata community is able to, temporary repairs and maintenance ought to be carried out and not just simply wait for the builder until the builder fixes it. Because sometimes it's necessary to issue legal proceedings because the builder does not come to the table or denies that they are liable to fix it. So, whilst that is happening, whilst the strata community is going after a builder, it's important that they mitigate the risk by carrying out at least to the extent that this possible works, whether it's temporary or permanent, to mitigate the risks in respect of property damage and safety to persons, so don't ignore that.

    #StrataLawVictoria #BuildingDefects #OwnersCorporationRules #PropertyMaintenanceLaws #StrataDisputeResolution #DefectLiabilityPeriod #StrataPropertyRights #OCvsOwnerResponsibilities #BuildingComplianceMelbourne #StrataRepairs #LegalAdviceForStrataOwners #VictoriaStrataRegulations #StrataInsuranceClaims #CommonPropertyMaintenance #StrataLegalExperts

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