Who deals with defects in the common property of a new condo?

Answer

The developer's obligation under the SPA covers common property, and the Building (Strata Management) Act says appointing a managing agent does not relieve the developer of its duty to repair or make good common property defects. Individual buyers can notify them under the SPA. Once the management corporation (MCST) exists, it can take proceedings about common property on behalf of owners, but must first obtain an ordinary resolution of the general body.

From the RRD Field Guide, checked against the sources cited in Defects in a New Condo or Landed Home Bought from a Developer: The 12-Month DLP, Your Rights and How to Claim. General information, not advice for your project.

The fuller picture

A private home bought from a licensed developer has a 12-month defects liability period under the prescribed Sale and Purchase Agreement, starting from vacant possession or 15 days after you receive the TOP or CSC papers, if earlier. The developer must fix notified defects within one month; if not, give 14 days' notice with a quotation, then rectify and deduct the cost from the 5% stakeholding.

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