Question: One non-resident owner will not contribute to special levies. Without this payment, the other three owners bear the financial burden.
For 30 years, we’ve had various problems and difficulties with a non-resident owner. They pay their strata quarterly levies and have contributed to some upgrades but refuse to contribute to special levies for items they disagree with.
We’ve sent them levy reminders plus a final reminder which they ignore. We’re happy this owner is non-financial and cannot be more involved during meetings, but we’re struggling financially. Without this owner’s share of the special levies, the other three owners have the financial burden.
Answer: It’s not about asking very nicely to pay. They have to pay. If they don’t pay, you need to refer this to a lawyer.
I don’t think this is about a challenging person or situation. This is a situation where someone’s not paying. In strata, the bottom line is you need money to survive. The strata scheme needs money. There are no ifs, buts, or maybes. When it comes to strata levies, if you are part of an Australian scheme, you pay. That’s it, no discussions, you pay.
If you don’t pay, you can expect debt collection to be enforced against you. Why? Because without your contributions, the body corporate cannot pay its bills and if it cannot pay its bills, the scheme falls into disrepair or even worse, the building is not insured. If it’s not insured, your liability will be extraordinary.
It’s not about asking very nicely to pay. They have to pay. If they don’t pay, you need to refer this to a lawyer.
This post appears in the May 2023 edition of The NSW Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898