Owners of ‘dangerous’ apartment taking legal action against Auckland Council
Stuff
Julie Iles
06 November 2017

Safety issues on the balconies of the Pinnacle Apartments have left apartment owners trying to get Auckland Council to pay for the repairs.

The owners of a new apartment building want Auckland Council to pay for repairs of the building which it has labled as "dangerous".

Pinnacle Apartments is a glass-clad tower at 18 St Martins Lane, Grafton, off Symonds Street. The block (building) was finished just after Christmas last year.

Following the council's issue of the building's code of compliance, a flood of buyers purchased apartments but weeks later a Dangerous Building Notice was issued, barring owners from using their balconies because the tiles were found to be at risk of detaching or breaking and falling.

When first put on the market, two-bedroom apartments with parking were marketed at starting prices of $495,000.

When Christchurch realtor Tony Gowans bought a brand-new unit in the Pinnacle Apartments earlier this year he had no idea it would come with repair costs.

When asked if he regrets buying an apartment Gowans said, "not necessarily" because legal action is taking place to cover the cost of the balconies.

Gowans said: "Everyone's just sticking together and taking legal action against the council trying to hold them accountable".

He said the council "backtracked" on its declaration of compliance.

"They've sort of mucked everyone around to be honest."

When the notice was issued residents were told they had until March 24 to "remove the danger" but residents are now in a legal battle with the council over who will pay for the repairs.

The issue is complicated further by builders Summit Construction going into liquidation in May.

Owner of the company, Andrew Burden, could not be reached for comment.

Summit Construction liquidator Tony Maginness declined to comment on the role Pinnacles Apartments played in the demise of Burden's company.

Babbage Consultants building surveyor manager Gerard Ball said a battle over who pays for balcony repairs were not uncommon after a failed building company leaves "unfinished business".

"You quite often find it's not the one responsible who picks up the bill, it's the one with the deepest pockets and that can sometimes be the ratepayer."

Ball said by law if repairs were not undertaken by the building's body corporate, local council had the right to complete work required in a repair notice.

Auckland Council manager of regulatory compliance Steve Pearce said the doors to the balconies have had stops fitted to restrict their opening to 10 centimetres.

"There is no risk in terms of the occupation of the apartments—the main risk is to people or property below the decks, and we need to be assured that risk is minimised until all the repairs are completed."

Developer Marty Kells said his "hands have been tied" by the council and he has been "hung out to dry" by the construction company.

He paid $250,000 to fix poor work by Summit Construction and retile four floors of balconies before the council halted work.

"We had a crew of tilers that could have [retiled] four floors a day and finished the job in a week-and-a-half," he said.

Since the Dangerous Building Notice was issued Kells said he has been "left in the dark" on the status of the deck repairs.

Body corporate general manager Steven Garland would not comment on the repairs.


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