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  1. #1

    Default Compensation Claim against the Body Corporate

    Let me assume you own an investment property in an apartment building that is three years old and the Body Corporate (BC) lacks of duty of care. Services have been signed of by the BC, which have never worked as installed by the developer (for instance hot water metering) and electricity metering configuration faults have been refused to accept and to rectify.

    At the end of a long battle the apartment owner paid for line testing, meter testing and electricity meter replacement only to find out that the electricity metering problem was cause by a faulty building. The BC lawyer refused any compensation for loss of rent and related expenses when the apartment was not fit for renting out. How would you enforce your liability claim?

  2. #2
    Join Date
    Dec 2010
    Location
    Cambridge, NZ
    Posts
    1,375

    Default

    When those services were signed off by the BC, was the developer still in control of it?

  3. #3

    Default

    At the time the developer owned the building he engaged the BodyCorp secretary and controlled the BC. That carried on after the building was sold and the BC chairman (replaced last year) had not even a clue what his role was.


 

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