The Role of Property Developers in Strata

With the Queensland Government announcing a review of property developers, it is a good moment to reflect on their role in strata.

Top 3 Tips for Dealing with Developers in Strata

• Pay Attention to Disclosures

Whether owner, committee or other, if you are given documents required by a mandatory disclosure regime, then remember – they are there for a reason, so read them. You may learn something about the developer’s role or obligations you were not aware of, which in turn may have a big impact on your role in the scheme.

• Understand Roles

Everyone in strata has a defined role and that is true too of developers. If your expectations are not aligned to the parameters of their role, you will end up frustrated and disappointed. In other words – don’t expect of a developer something they are not required to give.

• If You Want to Take Action, Be Sure You Are Resilient

If a developer does not do what they are meant to do, there are remedies to pursue that under legislation. Are they practical or easy? Hardly. So that means that if you are inclined to take action, in addition to evaluating if it is cost effective to do so, you also have to be sure you are resilient enough to follow it through, as it will likely be a long and challenging process to follow.

Helpful links

Definition of "original owner" -  http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/bcacma1997388/s13.html#original_owner

Queensland Government Building and Construction Developer Review  - https://www.epw.qld.gov.au/about/initiatives/review-developers-building

Hynes Guide to Dealing with Building Defects - https://offers.hyneslegal.com.au/building-deflects-guide

Do you need help dealing with building defects?

Hynes FREE guide to dealing with building defects covers all of the common questions including:

• How are building defects are assessed?
• How does the QBCC work?
• What are the obligations of the body corporate?
• What limitation periods are in place and much more.
  

Hynes Webinar Hosts

Frank Higginson

Partner & Director @ Hynes Legal

Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.

Chris Irons

Director & Consultant @ Strata Solve

Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris ' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve.