Are owners liable for strata debt recovery charges?

By admin,

Our strata manager charged our strata company a fee to send letters to an owner in levy arrears. The strata manager raised an invoice on behalf of the strata company to the owner to recover these charges. Is this the usual practice?

What authority requires an owner to pay these "recovery of contributions" charges?

Can a strata company enforce seizure and sale for levy arrears?

By admin,

I am on the owner's council of a 24-unit scheme. One lot owner has a decades-long history of arrears, failed payment plans and broken promises. Last year, they stopped paying altogether, so we took legal action. The process has been drawn out and finally resulted in a payment plan that has again failed. Based on the history, it looks like the seizure and sale of assets is going to be the final solution.

Is seizure and sale of real property ever enforced in the courts? And if it's not, what other options do we have?

Can lot owners vote without attending a body corporate meeting?

By admin,

My Body Corporate held an EGM in December 2020 which was attended in person by 8 people representing 11 lots out of a total of 64. At the next EGM the minutes from that previous EGM were received, with a total of 22 votes either for or against and 8 abstentions. In other words at least 11 lot owners voted when they were not at the meeting.

Is there a rule or a law to prevent this or punish owners who behave in this way?

Can proxies vote for chairperson at an AGM?

By admin,

For our upcoming AGM, nominations for committee members equal the required number, so no voting is required. However, there were no nominations for the position of chairperson, so nominations for this position are to be called from the floor at the AGM and then voted on.

Can proxies be used by AGM attendees for voting on the nominations received from the floor for the position of chairperson?

Can an owners corporation require removal of offensive window displays?

By admin,

I am a lot owner in the process of selling my apartment.

The tenants in the apartment below have unsightly and offensive objects (e.g. Halloween related) in their window. The window is situated directly in front of my car space. The items have been there for several months.

Can I request that the owners corporation ask the tenants to remove these offensive objects? I'm concerned they will put off potential buyers. It is unlikely that these objects will be removed anytime soon.

Can an owners corporation force you to move an air conditioner?

By admin,

I live in an 8 unit, 2 story apartment complex. I installed two external air conditioning units outside my unit on the first floor prior to owners corporation approval.

The owners corporation has stated they want me to move the external section of the air conditioner. The spot they have indicated is not a viable option as per various air conditioner technicians.

Can the OC reasonably request this change and prevent me from providing heating and cooling to my own unit?