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  • #9907
    Ancestor
    Flatchatter

      Some strata managers advised (counselled or cajoled) Owners Corporations into lodging building claims under the Home Building Act 1989 before the recent amendments came into force on January 15. They were told that if they did not lodge their claims by then, the new restrictions on warranties coming into force from that date would mean they would not be able to require developers to make good any defects.

      I cannot find any official statements justifying that. s.48(i) of the HBA empowers any person to lodge a building claim. s.48K gives the Tribunal power to determine building claims up to a value of $500,000. But it seems in s.48K(3) to limit claims to not more than three years from the date of supply (completion) whereas previously it seems to have been unlimited.

      What was/is the situation? Were strata managers justified in advising SPs to lodge claims against their developers and builders? It seems that some lawyers made a pretty penny lodging these claims at fees of $1000 or so a time.

    • The topic ‘Home Building Act s.48’ is closed to new replies.