One unit in our small strata refuses to contribute to the gardening and maintenance of common areas. How do we ensure this owner pays their fair share?
We are a group of six units. One unit refuses to pay for gardening maintenance or any work done over this past year to ensure the upkeep and functioning of the common areas, e.g. lighting, landscape, etc.
What are our options for dealing with this difficult owner? How do we enforce the strata rules? I have communicated the strata rules a few times. What do I do if they continue to refuse? All other owners have paid in full and have no issues.
If the corporation has raised levies correctly, you can take action against the unit owner in the Magistrates Court to recover the money owed.
If the corporation has raised levies correctly, by way of an ordinary resolution which can be voted on by either all owners or just the committee, and the works have also been approved by the corporation or committee, the corporation has the right to raise the levies against all unit owners.
Section 27 (1) of the Strata Titles Act 1988 states that a corporation may raise such funds as it thinks necessary.
Section 27 (5) states that the corporation may recover an unpaid contribution as a debt from the unit holder of the unit in respect of which the contribution is payable if the unit owner does not pay the levies which are due and payable.
This means that you can take action against the unit owner in the Magistrates Court to recover the money owed. I suggest you contact a lawyer for advice to see if you can commence or if you should engage a lawyer to assist you. While legal fees can become expensive, you could contact a lawyer and seek assistance lodging the required documents with the court and attending yourselves.
If your corporation passes a unanimous resolution that all costs incurred with recovering outstanding money from unit owners be received from the unit owner in debt, you may also recover the lawyer's costs in this cast. However, I recommend discussing the requirements of this motion with the lawyers as well.
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