NSW: What to do if your strata manager fails to send levy notices

Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails?

I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the last AGM. I’ve sent three emails asking for the levy notices that I’m missing.

How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails?

Answer: Not receiving a notice isn’t a reason to not pay the levy

I would definitely put it in writing if you haven’t already. When you do put it in writing, I’d give a reasonable timeline for compliance, ie the timeline for that Strata Managing Agent to respond.

If you feel that they haven’t yet responded, then you need to take further action and that is to apply to NCAT – your first step is mediation. I just wanted to note how we have a Section 83(4) of The Strata Schemes Management Act that doesn’t actually require a strata managing agent or the delegated Treasurer of an owners corporation to issue a levy notice. Although it’s a standard common industry practice that you would be served a notice every quarter reminding you and prompting you of the amounts due and payable, it’s not a legal requirement under the Act. Not receiving a notice is no reason to not pay the levy.

You should be writing to the Strata Managing agent, putting in writing, giving them a reasonable deadline to respond. If they haven’t responded, I would then make an application to the tribunal, and mediation is the first step.

I’m confident that when they receive an application for mediation, they will respond. Otherwise, they would have to give reason as to why they haven’t responded.

Another option is if your managing agent provides access to their portal you could uplift a levy statement. If you don’t already have access, request access to the portal, obtain your login details and try uplifting the levy statement through that portal.

This post appears in Strata News #502.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440