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  1. #11

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    Quote Originally Posted by Keithw View Post
    Just as an after thought, you currently assume that your unit is not affected, on what is this based ?
    You can't actually tell until you strip off the cladding & look inside.
    On one of my units there were no external signs, but inside the timber was rotting away.
    Another owner made the same assertion as yourself way back in the beginning & tried to get excluded from the repair costs.
    It turned out that his unit was one of the worst, it just wasn't visible until the cladding was removed.

    Also even though you are beyond the 10 year point for claiming from the Council, you can always attempt to sue your property inspector, if they are still in business. Or even the previous owner, if they can be shown to have reasonably known about potential leaky problems at the time they sold to you. This is where BC minutes become so important, & that includes Committee minutes too.
    My unit was one of the eighteen which was tested. We were given the option of requesting to be included in the testing and I chose to do so because I had been concerned for some time about an odour in winter in a dark, south-west facing bedroom. They didn't test that side of the complex however because it is all concrete - but I still wonder....
    The southern wall is all concrete, but the back (Northern aspect) of the units in my block, have timber infill framing which is clad with direct fixed fibre cement. The timber they tested on my unit is not affected by any damp - nor are most of the downstairs units because they are protected by the concrete patios of the upstairs apartments although some of them are because the patios are not weatherproofed correctly and have to be recoated correctly.
    This is why it does seem that my unit does not have any damage. The repair costs compiled by the Company were broken down according to the unit blocks and it was from those figures I obtained the amounts I quoted. I realize however that it is just an estimate.

    We had the building inspected a few years ago by a different company, when we would still have been within the 10 year claim period, but it was only a visual test and the problem with the patios was identified and
    an unsatisfactory repair done, and no major issues identified. Big mistake!!

  2. #12

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    Quote Originally Posted by artemis View Post
    We'd be v interested to hear how you get on. Legal action may not be expensive if your specific case fits within the Tenancy Tribunal limits. See Part 4 of the Act. But in any case a fair bit of water needs to go under the bridge before that is contemplated. And it may well be that the Body Corp takes a case in order to get a formal decision which will bind all owners. In that case I expect all owners would be levied for the cost of the action.

    Suggest as eri said have a talk to the body corp secretary. Perhaps consider asking to be co-opted onto the committee pro tem so you are involved in the decisions, or at least keep a close eye on meetings and minutes. Likely to be v interesting and a great learning experience.

    PS I'd have to wonder if the neighbour interested in a swap has been looking up s126 of the Act!
    PPS I thought your original post was well thought through and written. You'd be an asset to the committee.
    I could not have asked for a better resolution (so-far) to my original question. Of course nothing is fair in this whole, dreadful faulty construction situation. But at least, at this stage, the final decision has meant that those of us in the apartments of mostly concrete, do not have to pay as much as those on the upper floor who do not have concrete walls. The fact that we have no damage doesn't alter the fact that we still have to pay a share in the whole remedial project of course and pay for alternate accommodation and storage of our belongings while it is done etc. - (or lose income in the case of most for whom the units were rental properties) but at least the loss won't be as much as was originally expected for myself. We are now at the stage of awaiting tenders and building permits --- and deposit payments from several owners who have ignored reminders. Of course there is the possibility that those owners may be seeking legal advice which could change the entire outcome. We are now just waiting on tenders and building permits and expect the project to go ahead ...... one day.

  3. #13

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    Warning to anyone facing remedial work. Estimated time for the repairs was 3-4 months. It is now 9 months and unfinished.
    Total cost has increased so additional levies have to be paid.
    The date for completion has been changed four times and communication terrible.
    May need to start another thread for my query: who should be advising apartment owners of the date changes? The Building Manager, Body Corp Manager, Body Corp Secretary or Chairman, the project management or
    the Building Supervisor?

  4. #14
    Join Date
    May 2004
    Posts
    2,808

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    I'd say the BC Chair as it will be the BC which has entered into the contracts. The Chair might delegate though. You are entitled to put requests in writing, to see the minutes, and attend meetings. Suggest you get one or more of the Committee to raise the issue at each and every meeting and make sure the response is recorded.

    The whole thing won't be much fun for the Committee but they do need to keep everyone informed. .

  5. #15

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    You need to download the Unit Titles Act and read it This determines your rights.

    Body corporates confuse being responsible for damage (s138 and maintenance as being responsible to make it all go away. They are scared of future owners and some members will not have the financial concern that you may have. The problem with this is that in 10 years they will be reacting to another reclad as the building wears out again? Buildings need to be managed for their life.

    Study the Unit Title plan and understand what you own and what is the common property. Where is the exact boundary? The BC has some rights over common property but you get the benefit of it and have responsibility for the cost of that CP (s126)


    Your "reputable consultants" are likely getting there ticket clipped for 100k plus (what is their inducement?) so they are hardly independent.
    get independent advice (PM if you want, I know someone who can help.) The experts also are risk averse and will recommend reclad as the safest solution rather than the prudent one.

    If there is no damage to your unit (what does this mean? no decay or no need to reclad oris it different materials?) and no reclad being done then you dont have to pay anything. If there is work on your unit you only pay to the extent that you receive benefit. (refer s 126 UT2010)

    Watch out for experts recommending reclad over masonry for example.

    Do not agree to s72 as this is a mechanism to get you to sign away your rights!

    If you are disadavataged by a vote you can seek minority relief from TT under s210. You must be prepared to asert your rights? find other owners similarly concerned and share costs!

    Sorry didnt realise this was an old post and being updated
    What I said applies though as now you are at the sharp end of dividing cost
    Last edited by John the builder; 21-06-2015 at 12:21 PM. Reason: update

  6. #16

    Thumbs up

    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 at 11:37 AM.

  7. #17

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    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.

  8. #18
    Join Date
    Jul 2011
    Location
    Tauranga
    Posts
    2,769

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    Quote 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.

  9. #19

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    Quote 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...

  10. #20

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    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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