Hi All, A have a quick question for you..
I have a tenant who is causing some grief to the neighbours, I have had 3 complaints about him in the last 10 months. Nothing major, things like Rubish left out, old furniture, using too many parking spots, driving too fast in the car park.
It appears to be a house mate, not the person who leased the building, the tenant is vacating in a couple of months when the lease expires. Each complaint has been addressed and never re-comitted after being brought to the tenants question.
Today I recieved an email from the body corporate telling me that there has been a new complaint from a neighbour and there are charging me for their time (On Going Breach of Rules).
Is this normal practice and should i just take it on the chin?
Honestly, I am not to concerned about the $$ just dont want to be taken advantage of.
I have 3 units in the block the first one dating back to 1996 and this is the only time I have ever had a complaint.
thanks
JoeThat’d be a first in my book. BC is voluntary, they cannot charge for their time. The strata manager may be able to charge its time & enforcement costs. Contact fairtrading.nsw.gov.au or vcat Etc…….
Wow, that sounds very cheeky of the Body Corporate. I’d be asking the BC to supply documentation that allows them to charge you
Holly
That's a first for me as well. I'm with Holly – ask for written proof that states that they can actually do that. I would have thought something like that would fall under their admin fee which you would be paying each quarter for your 3 units.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Unless there is a specific clause in the BC rules, politely refuse.
I would also send the letter to the tenant asking the tenant to pay for the costs incurred. (Thing about including this in your next lease as a special clause).
As for the offending flatmate, does your tenant have your written permission to have flatemates within your lease? NEVER allow any person to stay in a rental unless they are rigistered on the lease, no matter what. This gives you more power of their behaviour and several sources of income if one defaults on rent. It also ensures that every person in the flat has had a rental check completed on them by the agent. It also ensures that every person in the flat has a committment to abiding by the rules and ensuring that the flat stays clean…as the other party will be left with the bills if one does not do the right thing.
If not, advise the tenant that the flatmate has to go within 7 days.
I would do this via registered letter with a breach notice a away of correcting the breach(s).In NSW this can't be done, unless it is specifically stated in the agency agreement between the owners corp and strata manager, and it would be an additional item because it is not covered under any of the main industry agreements.
Joe, how many units are in your block. If you have 3 and there are only 6 in the block you may be a quorum and you can threaten to change Strata managers. It’s unheard of to be charged for too many complaints, they get paid to manage the property already. Check Fair Trading in your State for Strata rules as you may be pleasantly surprised. Don’t be bullied by Strata Managers.
Sorry guys, I just got home and the invoice was in the mail, it was the owners corporation not body corporate I must have miss heard.
I take it that means its from the Strata Manager and a standard charge?
Joe
Joe, the owners corporation and body corporate are the same thing so not sure what you mean. If the invoice says it is from the owners corporation, and you are expected to pay the owners corporation, I would politely tell them to go fish. If its an invoice from the strata management company, asking you to pay them directly, then unless they can show you their agreement with the owners corporation stating that they can charge individual owners for such issues, then tell them to go fish.
Generally, the only expenses that can be recovered by the owners corporation from an individual owner are those stated in the legislation eg debt recovery costs, rectification of non approved works etc.
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