How can an owners corporation recover unpaid fees from an overseas owner?
We are an owners corporation of 11 single storey villa units. One owner leases their lot and lives and works overseas. The owner has not paid their levies for the 2025 calendar year. They do not respond to any communication, and have not provided a current residential address. What options does the owners corporation have to recover unpaid levies in these circumstances?
Once you have a reliable source of contact, service can be addressed and the usual process for levy recovery undertaken.
Where it is difficult to serve a lot owner (where service is required), an application for substituted service can be made, provided you have some form of contact details. Service can be effected on the email address for the party, if you require. Otherwise, searches can be undertaken to determine whether other contact information can be obtained. Once you have a reliable source of contact, service can be addressed and the usual process for levy recovery can be undertaken.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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