ᐅ The warranty under the building code will expire soon. Is this defect notification correct?
Created on: 3 Oct 2019 11:41
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fraubauerF
fraubauer3 Oct 2019 11:41Hello,
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). For example, some cracks in the masonry. Whether these cracks constitute a defect can probably only be determined by the developer or an expert.
My question is: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
I have the following question.
In our multi-family house (new build, turnkey from the developer 4.5 years ago), the statutory warranty will expire in 6 months. I am one of the owners and live there myself. There are three other owners as well. We also have a small property management company. We originally purchased the property turnkey from the developer. The handover took place at the time of moving in.
Over time, some defects have appeared (at least from our point of view). For example, some cracks in the masonry. Whether these cracks constitute a defect can probably only be determined by the developer or an expert.
My question is: is the following procedure basically correct?
The property management reports the defects identified on the common property to the developer in writing, six months before the warranty period ends. I report defects in my private property directly to the developer. The developer will then presumably inspect the defects on site—either with or without their own expert, which is their choice. The developer then informs the owner or the property management in writing whether defects are present or not.
Only then could the property management commission an independent expert if we disagree with the developer’s assessment or have a different opinion.
If the expert disagrees with the developer’s assessment, the property management would notify the developer accordingly.
Or is it necessary to have an independent expert present already during the developer’s defect inspection through the property management?
(I understand that this is safer, but why incur unnecessary costs if they may not be needed or only required in a second step after the developer’s statement?)
Thank you.
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HilfeHilfe4 Oct 2019 06:17Your general contractor is familiar with the procedure. Settlement or stress cracks are generally excluded within certain limits.
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fraubauer4 Oct 2019 09:14HilfeHilfe schrieb:
Your building management knows the procedure. Settlement or stress cracks are usually excluded within certain limits.Thank you for the information.
However, I would actually like to hear the exact procedure "contact the building management" from a third party.
That way, I can see whether the building management (which is very small and always needs to be monitored) is handling things correctly.
I am particularly interested in whether I, as the property owner, am required to bring my own expert to inspect the alleged defects right away. Or if the defects should first be reviewed together with the building management and the developer (BT) — at least from our perspective — and await a response from the developer.
Only after that, bringing in an independent expert to review the developer’s response.
Is there no "standard" procedure for this?
Thank you.
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HilfeHilfe5 Oct 2019 06:29fraubauer schrieb:
Thanks for the information.
But I would actually like to hear the exact procedure "contacting the homeowners’ association" from a third party.
This way, I can see whether the HOA (which is a very small one that always needs to be monitored) is acting correctly.
What I’m interested in is whether I (as the owner) need to bring my own inspector to assess the alleged defects right from the start, or if I should first look at the reported issues together with the HOA and the contractor, and then wait for the contractor’s response.
Only then would I bring in my own inspector to verify the contractor’s statement.
Is there no “usual” procedure?
Thank you. Why you? It is a shared property damage after all.
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fraubauer6 Oct 2019 17:16ypg schrieb:
Immediately... as soon as any damage is identified, it must be reported to the building trustee (BT)!
This requires a written notification of defects with a reasonable deadline. Yes, but do I have to have this "defect" confirmed by an expert/surveyor?
Or should I first report this "defect" in writing with a deadline through the homeowners' association (since it is common property) without an expert report? That is the main issue!
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