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How to make builder return money?

Добавлено: 29 май 2007, 15:29
Demurrage
Our newly appointed strata council has been having lots of difficultes trying to recover monies which the builder owns to the strata corporation e.g. money collected from the owners as maintenance fee while the builder had acted in place of strata corporation before the council was elected etc (there are a lot more to it, actually).
After the strata council had been elected on the first general meetitng, the builder was given 8 (as per the Strata Property Act) weeks to deliver the aforemntioned money. The request has been ignored, so the council decided to sue the builder in the Small Claim Court. The resolution in regards to this action failed to get 3/4 of the owners' votes on the special strata meeting (again, as per the Strata Property Act). The main reason of such failure is that the number of units in the complex belong to individuals who have either family or business relationships to the builder.
I was wondering if there are any other (legal) ways to make the builder pay.

Добавлено: 30 май 2007, 09:42
Lex
If you are trying to recover your personal money, you can start personal Small Claim Action against builder, and you don't need to get approval from the rest of the owners.

Добавлено: 30 май 2007, 12:09
Demurrage
Thanks, but, along with the council, I am after the whole nine yard which roughly totalling more than 30K (that also includes unpayed bills, interest etc).
Personally, I didn't lose a lot, because I pretty much refused to pay my fees to the builder, while they were acting as strata, since they were ignoring my requests to fix various deficiencies.