A claim can be brought in either the Weathertight Homes Tribunal ("WHT") or a Court.

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Claim

1. The body corporate sues to recover the costs to fix common property. It sues as agent for the unit owners who own the common property as tenants in common. The individual owners sue to recover the costs to fix unit property. Having commenced litigation, owners should not transfer houses or units without seeking specialist legal advice.

2. The components of a claim are:

(a) Remediation costs;

(b) Costs associated with remediation such as professional fees;

(c) Other losses such as:

(i) Moving and storage;

(ii) Alternative accommodation;

(iii) Lost rent;

(iv) Interest on costs;

(d) General damages to compensate for stress, inconvenience, pain and suffering;

(e) Legal costs including costs of expert witnesses.

Forum

3.

4. To be eligible for the WHT you must first apply to the Department of Building and Housing ("DBH"). It will decide whether the claim is eligible. For a body corporate there must first be a resolution by 80% of the owners authorising the bringing of the claim and appointing a representative for the claim.

5. In the WHT a party cannot recover legal fees or expert costs, apart from in special circumstances.

6. There are no similar voting restrictions/preconditions to commencing a claim in a Court. An individual unit owner can sue for damage to his/her unit without reference to any other unit owner. In a Court you can also recover expert costs and a contribution to legal fees of about two thirds of legal costs.