BUILDING DEFECTS PROCEEDINGS 03.08.20

To all owners,

As you would be aware, a general meeting is scheduled to be held at 6:30pm on Tuesday 4th August 2020.  The agenda for the general meeting includes motions in respect of Building Defect Proceedings (the subject of MOTION 8 and MOTION 9) commenced by the Owners Corporation.

On 31 July 2020 the Opal Tower Strata Manager circulated a notice published by the Opal Tower Strata Committee.  The contents of this notice are plainly incorrect and misleading. For instance, the notice states that “Icon had not disclosed the defect issues to the owners corporation” which is untruthful. Icon was not aware of these alleged defects nor have they been sufficiently substantiated by the Owners Corporation.

The Owners Corporation notice also states that “If the owners corporation did not commence proceedings when it did, the builder and developer would have avoided responsibility for millions of dollars’ worth of defects”. This is again a statement which is not reflective of our commitment to date and Icon remains ready, willing and able to attend to all legitimate defects and has requested that access is provided to allow Icon to investigate and rectify any legitimate defects.

The strata committee’s notice also includes the following misleading statements:

Strata Committee StatementIcon Statement
“If the owners corporation does not continue with the legal representation in the proceedings, it is likely that the owners corporation will have to raise levies from the lot owners to pay to fix all the defects in the building as required by law”.This is incorrect when Icon remains ready, willing and able to attend to all legitimate defects and will do so at no cost to the owners.  
“Icon has told many owners that it will rectify any “legitimate defects”. However, Icon has not admitted that there are any legitimate defects”.Icon has written to the Owners Corporation lawyers (Project Lawyers):
1: Confirming a list of legitimate defects which it is willing to rectify and requested access to do so (which has not yet been provided); and
2: Identifying the list of alleged defects which it has requested further information to investigate in order to establish whether they are legitimate defects.

Icon has been entirely transparent and unwaveringly committed to apartment owners when carrying out rectification works in apartments and has shown the same courtesy with the Owners Corporation in relation to common property areas.

At no cost to apartment owners or the Owners Corporation, Icon has commenced investigation of the matters raised in the Building Defect Proceedings and has, without admission of liability in the proceedings, stated that it will undertake appropriate works to rectify any legitimate defects.

It is misleading to state that the matters raised in the Building Defect Proceedings encompass “millions of dollars’ worth of defects” (as stated in the Strata Committee’s notice).  It is however true that the Owners Corporation is incurring costs (on behalf of apartment owners) that are unnecessary and is delaying progress of rectification of the matters raised in the Building Defect Proceedings. 

Icon’s access to the Opal Tower to inspect the alleged defects has been severely limited by the Owners Corporation and remains subject to the accompaniment of consultants, building management and the Owners Corporation (at the cost of apartment owners).

The contents of the Strata Committee’s notice is misleading and apartment owners should have regard to previous communications circulated by Icon.

Icon remains ready, willing and able to attend to all legitimate defects, and considers the continuation of Building Defect Proceedings to be an unnecessary and costly expense to each and every owner of apartments at Opal Tower (including ourselves).

Icon’s commitment to the each of the owners at Opal Tower has been clear since you have purchased your apartment and remains ongoing.

Yours faithfully,


Icon Co (NSW) Pty Ltd

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