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Can one private withdrawn weathertightness claim taint a whole apartment building?

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  • Can one private withdrawn weathertightness claim taint a whole apartment building?

    Hi All.

    Question: If one unit owner in a body corporate takes a private claim to the weathertightness tribunal, and then withdraws it, does that then taint all the other units in the building, along with the body corporate common property, as having "previously been a part of a weathertightness claim"? Or would only that particular unit that made the claim be affected?

    anyone have any idea?

  • #2
    This depends on a lot of things.

    Like does the nature of the leak in that one unit apply to all the others as well? Or is this one different from the rest in some way?
    Squadly dinky do!

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    • #3
      Originally posted by Davo36 View Post
      This depends on a lot of things.

      Like does the nature of the leak in that one unit apply to all the others as well? Or is this one different from the rest in some way?
      In this case I have no idea - the then owner (2003) withdrew the claim so no idea what it was for.

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      • #4
        does that then taint all the other units in the building, along with the body corporate common property, as having "previously been a part of a weathertightness claim"
        answer is yes it does

        why ? because the action draws attention to the likely risks that are inherent in the construction but then this was already self evident and is now?.

        The owner was likly simply speculating that there would be leak even if they didnt know. The expectation was that the WHRS assessor will find the problems which they always do to a greater or lesser degree.

        Is the owner still around? Perhaps he has 'slandered' the building?

        It is the same prediciment that many owners find when they try and get help under this system they will find they have a big and expensive problem because the only recommended fix for is an expensive reclad (a little bit pregnant is the same outcome for the really pregnant one? there is only ever one solution). The assessor will have helped jack this up to a 250-400k problem that unless there is a viable claim with a council or some one to fork out, will remain the owners problem. It becomes a 'reputational' issue and the owner then feels obliged to disclose and if he doesn't the agent certainly has to.

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        • #5
          My experience is Lenders look at the last two years BC minutes and make their lending decision on this.
          www.ilender.co.nz
          Financial Paramedics

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