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Fair calculation of Body Corp Levies with re-cladding issue

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  • #16
    Thanks Artemis!! I did think the Committee chairman seemed to be the person to contact but because the Committee are volunteers
    have been hesitant to approach him. Not having any contact numbers hasn't helped! Maybe someone belongs to this forum
    because I just received a phone call from the Building Manager to say I can have access from this Friday! And in fact move in I want. At last!!!!!
    Last edited by marief; 23-06-2015, 12:37 PM.

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    • #17
      Thank you John the builder. I'm sorry all your advice is too late for me but may well help any others who are faced with a similar situation.

      We have already paid except for the unexpected increase which is not due until September. We all contributed towards a solicitor's fee for a "fair assessment" of our levies and those on the ground floor with mostly concrete had a lower levy. Of course it has cost us far more than if each apartment was charged based on the actual repairs needed but that's how it is with a Body Corp.

      They haven't reclad the concrete, just one area of the ground floor units had the monolithic cladding and for most, but not all of these units this was protected by a (badly constructed) balcony on the upper floor.

      The discovery of the flaws in the water tightness was discovered after the 10 years allowed to make any claims for reimbursement from council or government. And the Company who built ours and many other problem complexes went bankrupt years ago.
      Many people ask "Can't you claim on insurance?" but as anyone who has been through this experience knows, there is no compensation. in our circumstances.

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      • #18
        Originally posted by marief View Post
        Thank you John the builder. I'm sorry all your advice is too late for me but may well help any others who are faced with a similar situation.

        We have already paid except for the unexpected increase which is not due until September. We all contributed towards a solicitor's fee for a "fair assessment" of our levies and those on the ground floor with mostly concrete had a lower levy. Of course it has cost us far more than if each apartment was charged based on the actual repairs needed but that's how it is with a Body Corp.

        They haven't reclad the concrete, just one area of the ground floor units had the monolithic cladding and for most, but not all of these units this was protected by a (badly constructed) balcony on the upper floor.

        The discovery of the flaws in the water tightness was discovered after the 10 years allowed to make any claims for reimbursement from council or government. And the Company who built ours and many other problem complexes went bankrupt years ago.
        Many people ask "Can't you claim on insurance?" but as anyone who has been through this experience knows, there is no compensation. in our circumstances.
        There are two case I know of which are looking at testing the 10 year limits may well be worth looking into. http://goodcladding.co.nz/announcements.html the second isn't up on their website yet Ill post once they have advertised it.

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        • #19
          Originally posted by Maccachic View Post
          There are two case I know of which are looking at testing the 10 year limits may well be worth looking into. http://goodcladding.co.nz/announcements.html the second isn't up on their website yet Ill post once they have advertised it.
          Thank you Maccachic and I wish them well but I am pretty sure we were told it wasn't the cladding that was at fault but that it wasn't installed correctly or as Hardies recommended. And many of the problems with our building were as a result of bad workmanship. Really the Council must take most of the blame because their inspectors passed the work. But who really pays if claims could be made against the council? Rate payers. And that's not fair. Now if the homes and luxury items and bank accounts of the Inspectors could be used as part of a payback that might be fairer but of course it would never be enough and it would never happen. Be interested to see what happens with those claims though...

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          • #20
            Now if the homes and luxury items and bank accounts of the Inspectors could be used as part of a payback that might be fairer but of course it would never be enough and it would never happen
            you are too harsh marief
            these gyuys didnt build your apartment and were only there to do critical inspections typically for a house 4 hrs in total for a project that may have been built over 4 mths, you cant hold them responsible.

            The people that need to be called to account are the product suppliers who didnt test and dint know that their produsts could comply with the building code and didnt react when they found out it didnt. This is what these latest claims are about.Inspectors couldnt be responsible for what they didnt know?

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            • #21
              John, I agree that Council Inspectors can't be held responsible for untreated timber and perhaps not for the cladding that was an accepted method in the late nineties, but with our building it has been discovered that
              (I can't remember the terms that apply) - whatever is supposed to support the roof and also the floors in some blocks, was never installed or was done so incorrectly. Surely these are the very things that inspectors are supposed to identify. These are the issues that have caused our repairs to take longer and are now more costly because they were only discovered after work started on the building.

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              • #22
                experts are experts at making alot out of not very much. I would trust them as far as you can throw their fees

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                • #23
                  John the builder, I have a not too dissimilar situation to marief. I have been doing my research into the Unit Titles Act and have spoken to a number of people with regard to how maintenance costs should be split between BC members but we are no further along than a year ago.

                  You seem to have a very good understanding of what is involved. I would very much appreciate your advice!

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                  • #24
                    Originally posted by DavidG View Post
                    John the builder, I have a not too dissimilar situation to marief. I have been doing my research into the Unit Titles Act and have spoken to a number of people with regard to how maintenance costs should be split between BC members but we are no further along than a year ago.

                    You seem to have a very good understanding of what is involved. I would very much appreciate your advice!
                    I agree with you

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