Award-winning Landmark building at Charlestown has some problems

Out in the cold – unit owners count the cost of building defects Concerns: Landmark penthouse owner Aidan Ellis (right) and unit owner Richard Devon in Mr Ellis’s unit at Charlestown. Severe water issues and other defects have meant years of troubles for the Landmark’s owners, Mr Ellis and Mr Devon said.

Winner: The Landmark building in Charlestown won a NSW excellence in construction award in 2009 but it has a history of problems, a NSW Civil and Administrative Tribunal hearing found.

Penthouse: The views are great but the Landmark building at Charlestown has the kind of problems that are increasingly common in NSW.

Companies: Builder/developer of the Landmark building at Charlestown, Peter Durbin. His building company was wound up by him in October, owing him and some of his other companies $128,000.

TweetFacebookOut in the cold – unit owners count the cost of building defectshttps://nnimgt-a.akamaihd成都夜生活/transform/v1/crop/frm/pBvqKxHgUnSrdaeEwDT49F/c7164765-f604-4b7f-85b2-850e4d3f1cd5.jpg/r0_390_3862_2572_w1200_h678_fmax.jpgUnit owners say laws don’t protect them when things go, local-news, 2018-03-09T05:30:00+11:00https://players.brightcove成都夜生活/3879528182001/default_default/index.html?videoId=5747284726001https://players.brightcove成都夜生活/3879528182001/default_default/index.html?videoId=5747284726001“It’s not a question about buyer beware.The fact is the current system we have doesn’t hold anybody to account when things go wrong. And the cost is all back on the unit owners,” said Mr Ellis.

Peter Durbin is not denying the Landmark has problems.

Aidan EllisI think it’s a clear fact there’s some defects in the building.

Landmark developer/builder Peter DurbinStrata Schemes Management Act by failingto repair “clear” and “significant” defects requiring remediation which had been “known for some time”.

But the tribunal declined Mr Ellis’s application to have the strata committeereplaced with a strata manager and found the committee had not acted unreasonablyin trying to seek a lower quote for repairs after a quote of nearly $2 million to deal with urgent works.

Strata committee spokesman Mr Barry McCulloch said unit owners had to pay two special levies so far for $730,000 of repair works.

“It’s quite a slug, especially for the elderly. A lot are on pensions. We’re just trying to keep the levies down as low as possible,” Mr McCulloch said.

Mr Durbin said he was “not aware of any special levies that are occurring asI am not an owner in the building”.

Mr McCullochsaid unit owners had complained to the n Investments and Securities Commission after Nelson Bay Building was liquidated,butASIC replied that “these type of disputes are best resolved through communication with the insolvency practitioner appointed to the company, and not with formal intervention by ASIC’s investigators”.

ASIC, like other government authorities contacted by the Landmark unit owners over the years, had offered “sweet bugger all”, Mr McCulloch said.

Asked to comment on Mr Durbin’s response to the Landmark’s problems, Mr McCulloch said: “You couldn’t print it.”

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