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  • #7728
    Jimmy-T
    Keymaster

      In a move that breathtaking in its pro-developer bias, new laws are being brought in to restrict claims for non-structural defects in new apartments to two years while the window for claims against structural defects is being reduced from seven years to six.

      This is supposed to make developers more confident about building strata blocks – but will it make owners more confident about buying them?

      Here's the story in the Financial Review this week, and here's the link to Fair Trading's web page about the genius new plan.

      So here's a question, would you be more or less likely to buy into strata under this new scheme … cos there's no point in building them if nobody's buying them

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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    • #14006

      JimmyT said:

      In a move that breathtaking in its pro-developer bias, new laws are being brought in to restrict claims for non-structural defects in new apartments to two years while the window for claims against structural defects is being reduced from seven years to six.

      This is supposed to make developers more confident about building strata blocks – but will it make owners more confident about buying them?

      Here's the story in the Financial Review this week, and here's the link to Fair Trading's web page about the genius new plan.

      So here's a question, would you be more or less likely to buy into strata under this new scheme … cos there's no point in building them if nobody's buying them

      To be honest I would be even less likely that I already am to buy a new apartment. I feel that even the very nice looking, modern apartments lack the sturdiness of the older buildings these days. I always hear about leaks, sound problems and such things. And the rooms just get smaller and smaller. If this scheme goes ahead, in my view, this problem will only be intensified as even cheaper materials will be used in the construction.

      I love old brick buildings, specially the 3-4 floor ones. They usually have very thick walls, big rooms and high ceilings. It is just hard to find units in old buildings that have en-suites, which for me is a must!

      I think that a lot of people don't think like me, though. A lot of people care more about the price. If they see something that looks nice and it is located where they want to live, for an affordable price, they will buy it. Most will only realise the mistake later on, when the problems begin to show.

      #14007
      Jimmy-T
      Keymaster
      Chat-starter

        Got this this morning from our friends at Bannerman Lawyers:

        The Home Building Amendment Bill 2011 discussed in our urgent 14 October 2011 update has been rushed through Parliament. We were advised that 9 November 2011 was the earliest it would be passed. However it was passed without amendment today.

         Some of the worst aspects of the Bill will apply as soon as the Governor gives assent to the Bill. Assent is normally given within about a week. However, all owners corporations should be prepared for the possibility that the assent of the Bill will also be rushed through.

        This just shows that the new government is in exactly the same place as the old government when it comes to strata – firmly in the pockets of developers.  The haste with which this has been cobbled together and pushed through parliament is unseemly, to say the least. 

        And this on the same day that figures are released showing more families are giving up home owning and returning to rentals (STORY HERE)  – some to Housing Commission or rental assistance.

        I may be getting jaded but I can't help thinking they have been lured into the housing market where, we are told, luxury is affordable (strata units are the first choice for first-time homeowners).  Then they find it's not as affordable as they were led to believe  – levies? WTF are levies? – and have to sell out, often at a loss). 

        And thus, having had their meagre savings deftly removed from their hip pockets, they are forced to join the rental queues and seek housing assistance while they pay off what's left of their mortgage.

        Well done Fair Trading Minister Anthony Roberts – you make Virginia Judge look like strata's Che Guevara.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #14008

        Hi All

        As of yesterday, NSW Parliament has indicated that:

        1. Royal Assent will probably take place on 26 October 2011; and

        2. the amending Act is scheduled for proclamation on 1 February 2012.

        TEYS Lawyers is currently conducting a review of the amending legislation and will shortly provide a view regarding it's impact via it's website, weekly email StrataSpace, etc.

        Regards 

        Chris Kerin

        Partner – Building Defects


        TEYS Lawyers
        The Strata Law Experts
        02 9562 6500
        1300 TEYSLAWYERS
        Suite 73, Lower Deck
        Jones Bay Wharf
        26-32 Pirrama Rd
        Pyrmont NSW 2009

        Don't miss our next 
        monthly webinar:
         
        Serious Building Defects and Disputes- And How to Avoid Them

        Register Here

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