Defects Warranty Period and Agenda Item being tabled
Clause 6 Schedule 1 Strata Schemes Management Act 2015 provides that at each annual general meeting held each year the following items are required to be discussed and tabled at the Agenda:
6 Required items of agenda for AGM
The agenda for each annual general meeting must include the following items:
(a) an item to decide if any matter or type of matter is to be determined only by the owners corporation in general meeting,
(b) an item to prepare or review the 10-year plan for the capital works fund,
(c) an item to consider the annual fire safety statement (if one is required for the building) under the Environmental Planning and Assessment Act 1979 and arrangements for obtaining the next annual fire safety statement,
(d) until the end of warranty periods for applicable statutory warranties under the Home Building Act 1989 for buildings of the strata scheme, an item to consider building defects and rectification,
(e) an item to consider any agreements for the supply of electricity, gas or any other utility relevant to the scheme.
The purpose of this is to ensure that any items to be considered regarding building defects under the warranty period are discussed and any avenues are taken with relevant limitation periods taken into account.
Should you wish to discuss please contact the writer, Pierrette Khoury, Khoury Lawyers.
