Q&A: Owner’s Corporation refuses to release building defects report
A LookUpstrata reader wanted to know how they can obtain a copy of a building defects report regarding building issues which is affecting their unit. The Owner’s Corporation does not want to release the report, and is not willing to cooperate.
Leanne provided a response to this rather difficult question:
If the reports are obtained to simply identify the defects, and they are not commissioned for the purpose of legal advice or for use in litigation, then the reports should be made available via a books and records search.
If there is litigation on foot (or pending), then the reports may be the subject of a privilege claim. The disclosure of the reports on the books and records may result in a waiver or implied waiver of the privilege. However, if the reports are served in the proceedings, then there is no reason why they should not be placed on the books and records.
You can read the original article here.
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