Our body corporate manager issued a levy notice before the AGM that wasn’t part of their appointment, and my overpayment was never returned. Where do we stand?
A body corporate manager (BCM) was appointed as administrator for our community titles scheme and directed to hold an AGM. Before that AGM, the BCM issued a levy notice that wasn't part of their appointment. The BCM is now claiming I'm in arrears from before the AGM was even held, but I've never received a valid invoice.
I've also discovered that I'm in credit due to paying an earlier levy twice. I asked for the overpayment to be returned before the AGM, but this hasn't happened. Where do I stand?
The obligation to pay levies likely still stands regardless of the procedural irregularity. Pursuing this alone is unlikely to be the most effective approach.
There is too much in the background here that I would need to review before I could form an intelligent view, but having said that:
- there are costs with running any body corporate; and
- clearly something is payable; and
- you would think every owner is in the same boat unless the BCM has issued selective levies (which I think is unlikely).
Picking fights over technical matters like this won't avoid the obligation to pay. It is also going to rack up additional costs, payable by someone.
I would either get together with a group of aggrieved owners to understand what has happened and be part of a collective, or pay and end the fight. Ultimately, it will all balance out over the next 6-12 months, including the overpayment.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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