All Topics / Help Needed! / Strata Owner’s not paying Levies

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  • Profile photo of ygue6072ygue6072
    Participant
    @ygue6072
    Join Date: 2011
    Post Count: 36
    November 30, 2011 - 3:52 am

    Hi,

    I was hoping to get some advice. My partner and I have recently (6months) purchased a 2bedroom unit in NSW. It is a small block of 6units and when we spoke to the owners they were in the process of changing Strata managers because the previous managers hadn't been very good and so they had stopped paying the strata fees in protest. They said they all had the money and would pay all the arrears as soon as the new strata managers took over.

    It has been 6 months and only 2 of the 6 units are not in arrears and the other 4 units are being very difficult and refusing to pay and accusing this strata manager of corruption (not true). The strata managers in the past have sent around debt collectors and the sheriff and this strata manager has said there will be legal action if the arrears is not paid up.

    My question is what can the strata manager do? Can they be taken to court and forced to pay/sell to pay the fees? How long does something like this take? What is the process – do we hire lawyers or does the strata do this?

    Thanks

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    November 30, 2011 - 4:23 am

    The strata fees are a debt and if they aren't paid the strata corp can take the owners to court and get a judgment. Once a judgment is obtained they can then proceed to recover the monies owed such a seizing property (with court orders) etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of ygue6072ygue6072
    Participant
    @ygue6072
    Join Date: 2011
    Post Count: 36
    November 30, 2011 - 4:36 am

    Thank you Terryw. Do you know how long something like this can drag out for? Or is it done quite quickly?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    November 30, 2011 - 4:41 am

    if they don't defend it in court, then could be quick. file a statement of claim, wait 28 days get a judgment and then try to get the money – but then they may apply to set aside the judgment. Or more likely, they will just pay.

    Of once they are served court judgments they will just probably pay. If they want to fight it then maybe 6 to 12 months.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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